By: Joseph G. Cella, Esq.

On April 11, 2016, the Obama Administration filed it’s reply brief in United States v. Texas, the Republican challenge to DAPA and expanded DACA, which will be orally argued before the Supreme Court on April 18th. The Administration’s brief challenges the legal arguments offered by the Republican Plaintiffs, claiming that the brief submitted by Texas is not coherent; does not accurately portray the deferred action guidance under review;  and that it’s substantive interpretation of DAPA and expaded DACA is simply wrong. It also “warns” the Supreme Court of the judicial chaos that will likely ensue if Texas is granted standing for this suit.

At the core of the administration’s argument is that the Plaintiff’s assertion that DAPA and DACA confer the right to remain lawfully in the U.S.   is simply wrong. It submits that the Texas’ claim that deferred action bestows “lawful presence” on an undocumented immigrants is a “misguided assertion” which grew out of Judge Hanen’s legally unsound opinion blocking DAPA and DACA, and  is based upon a “mistaken premise.” Specifically, in it’s brief, the Administration argues:

Respondents are fundamentally wrong to claim

                        that the Guidance confers on aliens whose presence

                        Congress has deemed unlawful the right to remain

                        lawfully in the United States. Aliens covered by the      

                        Guidance, like all aliens afforded deferred action,

                        are violating the law by remaining in the United

                        States, are subject to removal proceedings at the

                        government’s discretion, and gain no defense to            

                        removal….Deferred action itself reflects nothing

                        more than a judgment that the aliens’ ongoing

                        presence will be tolerated for a period of time,

                        based on enforcement priorities and humanitarian

                        concerns, and work authorization enables them

                        to support themselves while they remain.


Finally, should the Supreme Court rule in favor of the Obama Administration, DAPA and Expanded DACA will be implemented immediately and will likely have a significant influence on the November elections.

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