With a Single Line, Supreme Court Strikes Major Blow to Hopeful Immigrant Families – by Danny Alicea, Fragomen Fellow

On June 23, 2016, after years of anticipation and coalition building, the Supreme Court issued a one line per curiam opinion, refusing to overrule the current blockade of the long awaited Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program. That line, “[t]he judgment is affirmed by an equally divided Court,” means that the decision of the United States Appeals Court for the 5^th Circuit, which upheld a Texas lower court’s injunction against President Obama’s Executive Actions from late 2014, prevails.

On November 21, 2014, the Obama Administration issued several Executive Orders, the centerpiece of which was the DAPA program.  After the success of the Deferred Action for Childhood Arrivals (“DACA”) program from 2012, and in light of continued Congressional gridlock on immigration reform, the Administration decided that parents of U.S. citizens or green card holders who are not otherwise a deportation priority merit deferred action. Under DAPA, applicants could obtain employment authorization and protection against deportation.

Since the 2014 announcement, the City Bar Justice Center has provided DAPA consultations to hundreds of families, even after the Texas injunction was issued.  In addition to advising our existing and past clients, our Immigrant Justice Project recruited attorneys to screen individuals at legal clinics in homeless shelters, schools, and community-based organizations that lack a legal service department.  The City Bar Justice Center, other legal services providers, and community-based organizations had been working overtime to assist families in gearing up for the commencement of DAPA.  This involved warning about potential immigration fraud, assistance with determining eligibility, and compiling evidence.

For over a year and a half, millions of immigrants who live in fear of their families being torn apart by deportation hoped that the Supreme Court would rule in favor of these Executive Actions.  Given the Court’s decision in United States v. Texas, this is now unlikely.  Nevertheless, the City Bar Justice Center will continue its outreach initiatives to inform New Yorkers about the ruling and to serve those individuals in the United States who qualify for existing forms of relief like U visas and asylum.  We will also continue to advocate for fair and expansive comprehensive immigration reform.