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Government asks for rehearing on DAPA

On Behalf of | Aug 10, 2016 | U.S. Immigration Law |

Maryland residents might be interested in learning about the latest event in the ongoing saga involving President Obama’s executive order regarding the Deferred Action for Parents of Americans, or DAPA. On June 23, the Supreme Court of the United States was deadlocked in the case filed against the federal government on behalf of 26 Republican-led states. The split ruling left in effect a lower court ruling that had enjoined the federal government from proceeding with the implementation of DAPA.

On July 18, the federal government filed a motion for a rehearing of the case after the Supreme Court has a ninth justice appointed to it. After Justice Scalia died, Obama moved to appoint Merrick Garland to the bench, a move that the Republican-led Senate has blocked. This has left the Supreme Court short one justice.

Texas, along with 25 other states, is arguing that Obama’s executive order establishing the law violated the notice and comment procedures of the Administrative Procedure Act. A federal judge in Texas issued an injunction against the implementation of the law, and the U.S. Court of Appeals for the 5th Circuit left that ruling stand.

It remains to be seen what will happen with DAPA. Part of what will occur will depend on who is ultimately appointed to the Supreme Court as well as the outcome of the U.S. presidential election in November. If the law is allowed to stand, millions of people may have relief from the fear of deportation. People who are interested in getting green cards may want to consult with an immigration and naturalization attorney to see how this case may affect them.