When will DAPA become available?

It almost seemed that DAPA was dead for good, mostly because legal experts believe that President Obama acted illegally in unilaterally changing US immigration law through DAPA.  The latest in the case is that the Obama Administration has lost its case at the appeals court level but has still decided to ask the United States Supreme Court to decide it.  The disagreement is over the question if the president of USA can grant right to live legally and a work permit for those who are in the country illegally.

So what will happen to the DAPA case now?



If everything goes well, the US Supreme Court could deliver a decision by June, 2016.  If everything does not go well -- as can happen with many lawsuits -- the Supreme Court may not take the case at all or take it so late that Obama maybe long gone.  In that case, if the Republicans win the White House, they may drop the case.

President Obama wins:  In that case, the Obama Administration will start to issue work permits and Social Security numbers within a matter of weeks, though, there is no guarantee that a lot of cases can be processed before he leaves office.  It will then be up to the next president to decide what to do.  If a Republican other than Jeb Bush wins the presidency, the program will simply die (if Hillary Clinton is the president, then, the program will be extended to another 4 years).  Those who applied will lose their deferral from deportation, work permit (EAD), and the SSN will become invalid for working.  The biggest danger is that all your information along with fingerprints will be with the Federal Government and can be used against you in the future, particularly if you have committed crimes or worked with a fake SS# or otherwise used fraudulent documents.


 

President Obama loses:  This will be a huge setback for the Democrats and the immigration activists who have been trying to stretch the definition of prosecutorial discretion.  Chances are that in this case, the Supreme Court will also declare that DACA is unconstitutional because the legal argument is the same.  This also means that in the future, no president will be able to issue such executive actions.

So why is Obama appealing to the Supreme Court if this is so risky?  First of all, there is a lot of pressure on the president from Democrats, Latino activists, and drug cartels in Mexico and Latin America which benefit from human smuggling and need something like this to use as a potential reward in order to find people willing to enter the US illegally. 

Secondly, Obama and the Democrats want this case to be active during the election season so that they can appeal to the Hispanics to vote for them.  Obama won reelection by issuing DACA and now the Democrats are hoping that this lawsuit will help Hillary Clinton.