Supreme Court: 4-4 Tie in US v. Texas Upholds Injunction on President Obama's Immigration Actions | Practical Law

Supreme Court: 4-4 Tie in US v. Texas Upholds Injunction on President Obama's Immigration Actions | Practical Law

In United States v. Texas, an equally divided US Supreme Court affirmed the judgment of the US Court of Appeals for the Fifth Circuit, and remanded to consider whether to hear it on the merits.

Supreme Court: 4-4 Tie in US v. Texas Upholds Injunction on President Obama's Immigration Actions

by Practical Law Labor & Employment
Law stated as of 03 Oct 2016 • USA (National/Federal)
In United States v. Texas, an equally divided US Supreme Court affirmed the judgment of the US Court of Appeals for the Fifth Circuit, and remanded to consider whether to hear it on the merits.
In United States v. Texas, an equally divided US Supreme Court affirmed the judgment of the US Court of Appeals for the Fifth Circuit. The case will now be remanded back to the Fifth Circuit to consider whether to hear it on the merits. ( (U.S. June 23, 2016).)
The decision upholds the Fifth Circuit's injunction against several aspects of President Obama's executive immigration actions, which were introduced in November 2014, including:
  • An expansion of Deferred Action for Childhood Arrivals (DACA).
  • A new program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which offers the possibility of deferred removal and a grant of employment authorization to several million unauthorized foreigners in the US.
For more information, see Legal Updates:
Update: On October 3, 2016, in United States v. Texas, the Supreme Court denied the Obama administration's petition for a rehearing of the case ( (U.S. Oct. 3, 2016)).
Update: On June 15, 2017, the Department of Homeland Security announced that Secretary John F. Kelly signed a memorandum rescinding the November 20, 2014 memorandum that created DAPA. For more information, see frequently asked questions.