The Ruling on DAPA
The Supreme Court announced a couple of weeks that it had deadlocked in a case challenging President Obama’s immigration plan. The program would have shielded as many as five million undocumented immigrants from deportation and allowed them to legally work in the United States. The program under consideration was called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
Where do we go from here?
DACA (Deferred Action For Childhood Arrivals) is still in effect but DAPA is not. The expanded DACA program is not in effect. If you are not sure if you qualify for DACA you should speak to a qualified Sacramento immigration attorney.
This status quo appears to be where we will stand until the November election. After that election it is likely that there will be an attempt at comprehensive immigration reform. Whether or not this happens likely depends on who will be our next President.
If the next President is Donald Trump he is likely to oppose comprehensive immigration reform. From his speeches he does not appear to be pro-immigrant.
Hillary Clinton, on the other hand, would likely endorse comprehensive immigration reform. She has said (that if she becomes President) she would continue with Obama’s executive actions (like DACA) and even try to go beyond them.
The next President also will, with Senate confirmation, appoint the ninth Supreme Court Judge. (There are only 8 sitting Justices after the death of Justice Scalia.) Given the amount of recent tie votes in the Supreme Court, this judge looks to have the potential to have a lot of power when it comes to future Supreme Court decisions. Whoever is appointed whether it be a from a Democratic or Republican President will likely yield an enormous amount of influence on U.S. Immigration policy in the coming years.
Congress will also have a large say in U.S. Immigration Policy over the coming years. Congress could be silent on the issue. In the alternative Congress could always pass a bill that could be signed by the next President. A President would have the ability to veto such a bill. If the President vetoed the bill, both houses of Congress would have to, by over two thirds of their respective memberships, vote to override the veto. Although this is unlikely to happen it is a possibility.
The next several months should be very interesting. However, it appears that this fight will continue on even though the Supreme Court has made its recent ruling.
This article is not meant to be legal advice. If you have a question concerning immigration you should always talk to an Immigration Attorney about your case. You should never file any documents with USCIS unless you consult with an experienced Immigration Attorney.
Lawrence Gruner is a fiance visa attorney, a green card attorney and a Sacramento Immigration Attorney. He handles cases throughout California, the United States, and the World. He would be happy to talk to you, free of charge about your immigration matter. He may be reached at 916-760-7270 or 888-801-6558