D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – was the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February 2015 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 –
- June 24th, 2016 the Supreme Court Ruling was announced –full pdf ruling–
Hanen Ruling 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 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 impacted more than 4 million undocumented immigrants seeking to apply for DAPA deferral programs to stay in the United States. Immigration was a prominent and highly charged topic of the 2016 election last year.
*Authors Note* – The 2016 DAPA decision was exceptionally bad news for Hillary Clinton. Despite broadcasts by the MSM, immigration or any form of amnesty/residency/citizenship for illegal aliens was a losing 2016 issue for Clinton.
There was/is more structural support for the 2016 immigration position of candidate Donald Trump. Team Clinton tried to use illegal aliens to get out the Hispanic voting block, it backfired and a large segment of her identity base political groups voted Trump.
Team Clinton polled this issue. Team Clinton knew the danger; that’s why Team Clinton didn’t overemphasize it during the last 3 months of the presidential election.