The impact of the decision reached by the Supreme Court of the United States in U.S. v. Texas this past summer has resonated for months within both legal communities and immigrant communities across the nation.
That's because the 4-4 decision left a preliminary injunction granted by a federal judge effectively blocking the rollout of President Obama's groundbreaking 2014 executive order on immigration in place. To recap, this executive order would have granted both deportation relief and work permits to over four million parents of U.S. citizens or lawful permanent residents.
While the 4-4 split reached by the justices allowed the decision of the 5th U.S. Circuit Court of Appeals affirming the preliminary injunction to stand, it did not create binding legal precedent on either immigration law or presidential power. Indeed, it left the door open for the Obama Administration to ask SCOTUS court to rehear the case, which it, in fact, did.
In a perhaps not unsurprising turn of events, however, SCOTUS declined the request to rehear this case on Monday, rejecting arguments by Acting U.S. Solicitor General Ian Gershengorn that a such an important national issue deserved "a definitive ruling" from the nation's high court as opposed to a divided appeals court.
It's worth noting that while two other parties in 4-4 cases saw their requests for a rehearing denied, both involved constitutional provisions or statutes, such that new cases addressing the very same issues can -- and likely will -- be brought.
As far as the prospect of the court revisiting the issue of whether an executive order can be used to provide deportation protection to the aforementioned four million people, this will hinge largely upon the results of the impending presidential election. Indeed, Republican nominee Donald Trump has indicated that he would not take a similar action if elected, while Democratic nominee Hillary Clinton has vowed to restart the effort.
It will be interesting to see what happens in the coming months. Stay tuned for updates …
If you have questions or concerns regarding any immigration law matter, please consider speaking with a skilled legal professional.