NILC Decries Justice Denied to Millions of Immigrant Families

LOS ANGELES — The U.S. Supreme Court today declined to rehear arguments in United States v. Texas, denying millions of immigrant families who would benefit from the Obama administration’s 2014 immigration executive actions their fair day before a full court.

The decision to forego a rehearing comes after an eight-justice Court failed to reach a majority in the case last session, letting a lower court ruling stand that blocked the implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA). The two initiatives would have allowed eligible undocumented immigrants to remain with their families and work in the U.S. temporarily without fear of deportation.

The Justice Department filed a petition for a rehearing in July, asking to reargue the case before a full bench once a ninth justice is confirmed.

Marielena Hincapié, executive director at the National Immigration Law Center, issued the following statement:

“Once again, the Judiciary has allowed the politics of obstruction to prevail over justice. Legal experts across the board agree that a rehearing was not only appropriate, but necessary, in U.S. v. Texas. And yet, the Justices failed to do what’s best for the country by allowing this case to be reconsidered once the Supreme Court is fully staffed.

“The issues in U.S. v. Texas are too big for our country to accept a decision by default by the nation’s highest court. DAPA and the expansion of DACA would provide much needed relief to millions of families who live in constant fear of being separated from their loved ones. Furthermore, the two initiatives would reap sizable economic and public safety gains for our country.

“The fact that the Supreme Court has continued to fail to act on the nation’s most pressing issues only serves to remind us that we need a fully functional court today, not next year. We call upon the Senate to do its job and provide that ninth justice without delay. Today’s decision raises the stakes for the November elections even more. Voters must turn out to ensure that we elect a president who will shape the future of the country – not just for the next four years but for decades – as she or he will get to nominate several Supreme Court justices. ”

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