An important point before the details: ♦The hero in this entire constitutional story is Federal Judge Andrew Hanen (Full Backstory)♦
Yesterday, Homeland Security Secretary John Kelly announced the DAPA program was officially rescinded:
(VIA DHS) On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy. (link)
D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – was the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February 2015 with the issuance of an emergency injunction.
- The DOJ appealed the Judge Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
- The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
- The DOJ filed an appeal with the US Supreme Court.
- On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
- April 18th, 2016, the court heard oral arguments –full pdf transcript –
- On June 24, 2016 the Supreme Court upheld the injunction. –full pdf ruling–
It’s important to note the underlying constitutionality of the case was NEVER heard in Judge Hanen’s court. After Hanen put the emergency injunction in place to stop DAPA from being carried out, all of the Obama DOJ action was directed at removing the injunction.
However, in an unusual twist, in order to establish the scope of the state and federal argument, the Supreme Court did expand their June ’16 hearing beyond the injunction to listen to the underlying merit of the Obama administration’s arguments. They issued a one sentence ruling:
“The judgement is affirmed by an equally divided court.”
(Via Daily Caller) The Trump administration has fulfilled another one of Donald Trump’s campaign promises by rescinding the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program implemented under Barack Obama that could have allowed as many as five million illegal aliens with children who are citizens or lawful permanent residents to remain in the country if they met certain criteria. (more)