DACA, DAPA, and Justice Scalia’s Death

This spring, the Supreme Court of the United States will likely hear the case that relates to the expansion of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Permanent Residents (DAPA). Lower federal courts have blocked the President’s plans to expand the programs.

The state of Texas has challenged the programs in court and the case is known as United States v. Texas. The US Supreme Court is expected to rule on the case in June 2016.

Most experts conclude that Justice Scalia would have supported all the efforts to stop the implementation of DAPA and DACA. Justice Scalia’s death does not mean that the programs will be approved however.

DACA’s Future

Some observers are optimistic however due to the fact that conservative judges have supported pro-immigrant rulings in the past. In one case Justice John Roberts agreed with President Obama and ruled that the President has discretion over immigration enforcement priorities.

Because the concept of deferred action has always been viewed as a discretionary decision by the government, there is optimism that the courts will approve the expanded DAPA and DACA programs.

 

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