Immigration News - United States Administration asks Supreme Court to rehear immigration case Share this article LinkedIn Facebook X (Twitter) July 19, 2016 The Department of Justice asked the Supreme Court on Monday to rehear a case in which it split 4-4 over President Obama’s programs to allow millions of undocumented immigrants to stay in the country and apply for work authorization. The programs are currently blocked by a lower court ruling. Key points: In a Petition for Rehearing, the Obama administration asked for a rehearing before a full nine-member Court. The Court currently has a vacancy since Justice Antonin Scalia passed away in February. In the filing, Acting Solicitor General Ian Heath Gershengorn said the Court should reconsider the injunction with a “full complement” of justices “rather than allow a nonprecedential affirmance by an equally divided Court to leave in place a nationwide injunction of such significance.” Background: In May, an evenly divided Supreme Court affirmed a ruling by the U.S. Court of Appeals for the 5th Circuit blocking Obama’s plans to expand the Deferred Action for Childhood Arrivals (DACA) program and create a similar program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). BAL Analysis: The administration’s request for a rehearing is considered a longshot. The filing acknowledged that it is “exceedingly rare” for the Court to grant rehearing, but said that in cases involving a vacancy the Court has granted rehearings more frequently. While the May ruling was a significant defeat for the Obama administration and supporters of his immigration programs, it did not impact the administration’s immigration policies related to high-skilled workers. This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com. Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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