The State of DAPA with the US Supreme Court

29th Jan 2016 Immigration

On January 19, 2016, the Supreme Court of the United States (SCOTUS) declared that it will review President Obama's 11/20/2014 Executive Action (DAPA) held up by the Fifth Circuit Court of Appeals, United States v. Texas, No. 15-674.

PBS Newshour has a great segment on SCOTUS granting review of the DAPA case, which can be viewed here.

Thomas Law Firm is optimistic that SCOTUS will approve President Obama's DAPA program, based on Justice Kennedy's opinion in Arizona v. United States, 567 U.S. ___, 132 S. Ct. 2492 (2012), which held that the President has broad power in establishing and enforcing the nation's immigration laws. Furthermore, we are optimistic based on the Supreme Court's decision to accept the case where DAPA was put on hold, while declining to hear the appeal of a case submitted by Arizona Sheriff Joe Arapio where DAPA was found constitutional.  While no outcome is guaranteed, it would seem to suggest that the Supreme Court is looking to vacate the decision putting DAPA on hold based on their choice of cases to hear.