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Primary Holding. [There was no holding because an eight-member court was equally divided on the issue, allowing the decision of the lower court to stand.] Opinions. Per Curiam. Hear Opinion Announcement - June 23, 2016.
On February 16, 2015, United States District Judge Andrew S. Hanen in Brownsville, Texas, issued a preliminary injunction against an executive action taken by President Barack Obama that would have given illegal immigrants legal status and protection and let them apply for work permits.
18 kwi 2016 · Judgment: Affirmed by an equally divided Court in a per curiam opinion on June 23, 2016. SCOTUSblog Coverage Academic highlight: The debate over nationwide injunctions (Amanda Frost, February 1, 2018)
15 kwi 2016 · The Republican governors and state attorneys general on Texas’s side of the case clearly think that allowing unauthorized immigrants to remain in their states is harmful for all sorts of...
Texas and other states sued to prevent the implementation of DAPA and argued that it violated the Administrative Procedure Act because it had not gone through the notice-and-comment process, and because it was arbitrary and capricious.
On November 16, 2016, the state of Texas and the U.S. Department of Justice filed a joint motion with the U.S. District Court for the Southern District of Texas, asking for a stay in proceedings. The motion stated that the reason for the stay was the election of President Donald Trump (R) and the impending change in administration.
In this case, the Supreme Court will decide: (1) whether states have standing to challenge DAPA if it will increase the costs of state-subsidized benefits, such as driver’s licenses; and (2) whether DAPA is lawful under the Administrative Procedure Act and the Take Care Clause of the Constitution.
