This week, the Supreme Court voted 4-4 on President Obama’s Deferred Action for Parents of Americans (DAPA) executive order, solidifying that immigration is clearly one of the most divisive issues in the nation. Because the justices failed to reach a decision in this matter, the action was not affirmed and will remain unresolved. If passed, the order would have deferred deportations for millions of undocumented immigrants with U.S.-born children who do not have criminal records. The order would also have allowed immigrants to obtain work permits that would have permitted them to work without fear of being deported.
There is no word on how each justice voted, but now, the matter will have to be decided by the next president. If Hillary Clinton is elected, this matter will almost certainly come before the Supreme Court again, as she has pledged to expand DAPA. Donald Trump, on the other hand, has been vocal in his plans for removal of all undocumented foreigners.
Both sides have a lot riding on whoever is appointed to replace the late Antonin Scalia, whose presence would have broken the tie on this issue. Clinton will work to secure the vote of Latinos, who are most affected by DAPA, and Trump’s support base comes from the white working class, who is most upset by DAPA. So far, there has been no cooperation between parties when it comes to nominating and approving a replacement for Scalia – a glaring institutional failure that has left the nation with an incomplete court.
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Do you have questions or concerns about your immigration status? Contact a Miami immigration attorney at Pozo Goldstein, LLP. We’re here to help.