AILA: Government Requests Rehearing of Deferred Action Case

WASHINGTON, D.C. – Today, the American Immigration Lawyers Association (AILA), commented on the Department of Justice’s request for the Supreme Court to rehear the United States v. Texas case when a ninth Supreme Court justice is confirmed. The case concerns President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) initiatives and the Court deadlocked with a 4-4 tie on the issue last month.

AILA President William A. Stock noted, “The Department of Justice took a considered and appropriate step by asking for a rehearing on this case, given its importance and given the reality that the Supreme Court was hamstrung on a decision that affects millions simply because of a vacancy on the court. The position we find ourselves in, with a Congress unable to lead on immigration reform, and a Supreme Court unable to reach a decision, is an unusual and untenable situation that warrants a rehearing.”

Benjamin Johnson, AILA’s Executive Director, commented, “The ‘non-decision’ issued in United States v. Texas is one that is ripe for a rehearing and AILA urges the Court to approve the government’s request to take up this case when the court’s bench is full again. The lower court has already shown a willingness to act against historical and legal precedent to the detriment of children and parents. Rehearing this case is the right thing to do, so that millions of American families will finally know where they stand, and whether America stands with them.”

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Related Resources

• Resources on the Lawsuit Challenging DAPA and DACA Expansion