Supreme Court Refuses to Rehear DACA Case

On October 3, 2016, the U.S. Supreme Court turned down a request by the Obama administration to rehear a case that has halted implementation of the President’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and the expansion of the Deferred Action for Childhood Arrivals (DACA) program. As a result of this decision, DAPA and the expanded version of DACA will remain on hold indefinitely.

Lower Court Decision Remains In Effect

In June 2016, the Supreme Court affirmed a lower court’s ruling in United States v. Texas that blocked implementation of these relief programs for undocumented immigrants. The court’s eight current justices were evenly divided, meaning that the lower court ruling stood. In its request for rehearing, the Obama administration argued that this important case should be reheard and definitively resolved by a full court of nine justices after the vacancy left by Justice Antonin Scalia’s death is filled. The court, however, opted not to rehear the case.

Original DACA Program Still in Effect

The original version of DACA is not impacted by these court proceedings. Details on eligibility for the existing DACA program are available in the MurthyDotCom NewsBrief, USCIS Announces Renewal Process for Deferred Action for Childhood Arrivals (DACA) (02.Jul.2014).

Future of Relief Efforts

After the Supreme Court’s refusal to rehear the case, the Obama Administration’s relief plan for undocumented immigrants remains stalled. The results of November’s presidential election will likely determine the future of any efforts by the executive branch to revive or revise these relief efforts.


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