Nearly 5 million undocumented immigrants eagerly await the Supreme Court’s decision on the scope of Presidential Executive Order. The state of Texas and 25 other states sued the Federal Government, denouncing President’s Executive Order, particularly Deferred Action for Parents of American children, DAPA and Expanded DACA.

United States v. Texas is a much-anticipated case before the Supreme Court. Congress is not keen on passing any bipartisan immigration bills during the current administration. The immigration agenda of the Obama administration is riding on this single case in the Supreme Court. Many believe the ruling will be in favor of the Obama administration.

Allies of the Obama administration are optimistic that the executive actions on immigration will win the legal battle currently before the Supreme Court. Both democratic presidential candidates assume the aforementioned case will survive the Supreme Court battle. Both Clinton and Sanders have cited DAPA and DACA. The two candidates have vowed to double the number of immigrants allowed to work and obtain provisional legal status in the US.

The leading GOP candidates have repeatedly promised to revoke the Obama’s executive orders on immigration should they take the White House. Some have even gone so far as to insinuate deporting recipients of DACA.

The stakes are very high for this case because 5 million undocumented immigrants’ future in the US depends on the decision. There are many hypothetical results but four practical results, which might play out.

  • If Chief Justice Roberts joins the liberal wing, the Obama administration would get a 5-4-vote majority and DAPA and Expanded DACA will spring into action right away.
  • If Chief Justice Roberts joins the conservative wing of the court, the opposition would get a 5-4-vote majority and the possibility of DAPA and Expanded DACA would be permanently dead.
  • If one of the liberal justices joins the conservative wing, the absence of Justice Scalia would create a 4-4 tie. That would continue the current ban on DAPA and DACA, forcing the lower courts to go back and issue final decision on this case.
  • One last option would see Chief Justice Roberts siding with the liberals to throw out the case and stand with the federal government on the fact that Texas and other 25 states did not have standing to sue the Federal government in the First place.

Now we must wait to see how this important case on Presidential Authority and immigration plays out.

Learn more about the eligibility and required documents for DAPA by clicking visiting www.pottsmartinez.com/dapa

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