Supreme Court Splits in DACA/DAPA Case; Programs Remain On Hold

Yesterday, the U.S. Supreme Court, left shorthanded with only eight Justices following the death of Justice Antonin Scalia in February, issued a one-sentence decision stating that the Court was split 4-4 in the case of United States v. Texas, challenging the injunction that has prevented the implementation of the expanded DACA and DAPA programs announced by President Obama in November 2014.

This decision leaves the injunction in place, effectively ending any hope that these programs will be implemented at least until after the November elections and, more likely, until after a new president and Congress are sworn into office in January 2017.

The original DACA program launched in 2012 remains in effect.  To be eligible for the 2012 DACA program, a person must:

1. Have been under age 31 as of June 15, 2012;
2. Have come to the United States before reaching their 16th birthday;
3. Have continuously resided in the United States since June 15, 2007;
4. Have been physically present in the United States on June 15, 2012, and at the time of applying for DACA;
5. Have had no lawful status on June 15, 2012;
6. Be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and not otherwise pose a threat to national security or public safety.

If you or someone you know might be eligible for protection under DACA, please contact us.