The US Supreme Court's decision in U.S. v. Texas will affect only the new DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program and the expanded DACA (Deferred Action for Childhood Arrivals) program. Persons who qualify for existing DACA may continue to request an initial grant or renewal of DACA under the old, 2012 guidelines. See USCIS website at https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
Under the expanded DACA, more undocumented immigrants or those who fell out of status and arrived in the U.S. as children would qualify for deferred action and receive employment authorization for three years. The new DAPA would extend to undocumented parents of Americans and lawful residents. The implementation of both programs are now on hold due to a Texas federal judge's temporary injunction, which was upheld by the Fifth Circuit Court of Appeals.
The 2012 DACA program is not affected by the injunction and is not part of the US v Texas case. Those who qualify for deferred action and work authorization under the old DACA can still apply and re-apply for these benefits. But because DACA is based on an Obama Administration policy/memorandum, it could go away under a new administration.
In the Supreme Court case, the Obama Administration basically challenges the temporary injunction, which stopped DAPA and expanded DACA from being implemented. If there is a tie or a ruling in favor of Texas, this means the injunction stands because the Supreme Court did not overturn it. But the case involves more complex issues beyond this basic issue. Any prediction on how the court will rule and the implications is entirely speculative.
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There are countless blog posts about this question. The decision will stand if there is a tie. The implications will depend on the exact ruling of each one of the justices as applied to each set of facts and each future case brought in the various different circuit courts of appeals.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
There a lot of possible outcomes, but my understanding is that it will only apply to DAPA and expanded DACA.
This answer is intended to provide general information and should not to be construed as legal advice pertaining to a particular situation or relied upon as such. You should have your specific situation reviewed by an attorney.
If there is a tie, the current decision would stand. However it also depends on the language of the SC decision. At this point, we need to wait for the decision rather than speculate.
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