D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – is the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February ’15 with the issuance of an emergency injunction.
- The DOJ appealed the Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
- The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
- The DOJ filed an appeal with the US Supreme Court.
- On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
- April 18th, 2016, the court heard oral arguments –full pdf transcript –
- Today the Supreme Court Ruling was announced –full pdf ruling–
Hanen Ruling Stands – Texas Wins – Obama Loses !
It’s important to note the underlying constitutionality of the case was NEVER heard in Judge Hanen’s court. After Hanen put the emergency injunction in place to stop DAPA from being carried out, all of the DOJ action was directed at removing the injunction.
However, in an unusual twist, in order to establish the scope of the state and federal argument, the Supreme Court did expand their hearing beyond the injunction to listen to the merit of the Obama administration’s arguments.
Texas Governor Greg Abbott today released a statement following the Supreme Court’s executive amnesty ruling.
“The action taken by the President was an unauthorized abuse of presidential power that trampled the Constitution, and the Supreme Court rightly denied the President the ability to grant amnesty contrary to immigration laws,” said Governor Abbott. “As the President himself said, he is not a king who can unilaterally change and write immigration laws. Today’s ruling is also a victory for all law-abiding Americans—including the millions of immigrants who came to America following the rule of law.” (link)
(CNN) In a crushing blow to the White House, the Supreme Court announced Thursday it was evenly divided in a case concerning President Barack Obama’s controversial executive actions on immigration.
The one-sentence ruling, issued without comment or dissent, means that the programs will remain blocked from going into effect, and the issue will return to the lower court. It is exceedingly unlikely the programs will go into effect for the remainder of the Obama presidency.
Obama, speaking at the White House, lamented the ruling.
“For more than two decades now our immigration system, everybody acknowledges, has been broken,” Obama said. “And the fact that the Supreme Court wasn’t able to issue a decision today doesn’t just set the system back even further, it takes us further from the country that we aspire to be.”
The ruling will impact the more than 4 million undocumented immigrants seeking to be able to come out of the shadows and apply for these programs to stay in the United States. Immediately after Obama announced them in late 2014, Texas and 25 other states challenged the plans and they were blocked nationwide by a federal district court the next year.
Immigration has already been a prominent and highly charged topic of the 2016 election already this year, and this ruling guarantees it will only be more so. (read more)
*Authors Note* – This is bad news for Hillary Clinton. Despite what you hear on the MSM, immigration or any form of amnesty/residency/citizenship for illegal aliens is a losing 2016 issue for Clinton. There is more structural support for the immigration position of Donald Trump. If team Clinton tries to use illegal aliens to get out the Hispanic voting block, it will backfire and a large segment of her identity base political groups will vote Trump.
Team Clinton have polled this issue. Team Clinton is VERY aware of this danger.