On June 23, the Supreme Court deadlocked 4-4 in a case brought by the state of Texas and 25 other states against President Obama’s executive action that would have temporarily protected from deportation the undocumented parents of U.S. citizen children. At issue as well was an expansion of the Deferred Action for Childhood Arrivals program (DACA). (The original DACA program, which has successfully protected hundreds of thousands of young people, was not the subject of this litigation.) As a result of the deadlock, a lower court’s temporary injunction against the executive actions remains in place.
The decision was an extreme disappointment for advocates for immigrants and for about five million undocumented immigrants who have lived here for many years, working and raising their families in a legal limbo.
The Supreme Court’s decision was a victory for the Republican governors and attorneys general who brought the lawsuit, and it demonstrated that shopping for the right judge can bring the desired decision. (That, and having a Senate that has stopped doing its job, refusing to consider the President’s nominee for the Supreme Court, making a 4-4 deadlock possible.)
But it is a pyrrhic victory. It preserves the status quo, for now. It’s worth repeating something I wrote a year and a half ago when the injunction was first issued.