The Ruling in U.S. v. Texas

The Ruling in U.S. v. Texas

The U.S. Supreme Court recently issued its decision in U.S. v Texas, an important immigration case that challenged the authority of President Barack Obama to launch his immigration reform plan through executive action. The plan, which Obama called Deferred Action for Parents of Americans (DAPA), would have permitted as many as five million undocumented immigrants who are parents of citizens or lawful permanent residents to apply for a program that would allow them to remain in the United States. If eligible for the program, the deportation of qualified individuals would be deferred and they would receive permits to allow them to legally work in the U.S. In order to qualify for inclusion in the DAPA program, individuals would have to have been in the U.S. since at least January 1 2010, not committed any serious crimes, and have family ties to U.S. citizens or others who are legally present in the U.S. After years of being unable to garner bipartisan support for immigration reform, Obama invoked his authority to use executive action to establish DAPA in 2014. A coalition of 26 states, led by the state of Texas, immediately challenged the validity of Obama’s action by filing a lawsuit in a federal district court in Texas, which promptly blocked implementation of the plan by issuing a preliminary injunction. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s injunction. Upon review, the U.S. Supreme Court deadlocked in a 4 – 4 tie, which effectively left the appellate court’s ruling blocking DAPA in place, without any discussion of its reasoning. While the U.S. Supreme Court ruling comes as a huge disappointment for immigration advocates nationwide, there are still many different avenues that can permit an alien to avoid removal and to be granted a legal status that will allow him or her to remain in the U.S. At Landerholm Immigration, A.P.C., your skilled and knowledgeable immigration lawyers have the experience necessary to successfully defend you against removal. Our Bay Area immigration lawyers handle these types of cases on a daily basis and know how to best represent your interests so that you can remain in the U.S. with your family. Contact our office right away so that we can get started building a defense to removal on your behalf.
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