Today's (June 23) Supreme Court 4-4 one sentence deadlock decision which resulted in affirming the US Court of Appeals Fifth Circuit decision in United States v. Texas to uphold the District Court's injunction against implementation of President Obama's DAPA/Expanded DACA program has already unleashed what will no doubt be a storm of chest-pounding, self-congratulatory messages on the restrictionist side, and anguished hand-wringing over the "devastating" defeat to the immigrant community by the pro-immigration side.

The reality is that nothing in today's decision, or in the lower court's injunction, affects the power of the Obama administration to determine its own immigration enforcement priorities. The injunction only prevents the executive branch from granting work permits or other affirmative benefits under these two programs.

The Fifth Circuit's decision, which was upheld by today's deadlock, states:

"As shown above, neither the preliminary injunction nor compliance with the APA requires the [DHS] Secretary to prosecute deportable aliens or change his enforcement priorities."

Whether the courts have any business at all in deciding issues relating to executive branch decisions concerning immigration enforcement, under the long standing "plenary power" doctrine, is a different question, which was discussed at length in the Fifth Circuit's dissent by Judge Higginson.

This is not to mention the "Trumped-up" (no pun intended!) claim of injury because of driver's license costs as a pretext for asserting "standing" by the states to bring the action in the first place.

Immigration advocates, and all fair minded Americans, will look forward to the day when a more enlightened Congress and Supreme Court, better attuned to 21st century demographics in a racially diverse, multicultural America, will finally eliminate the threat of mass deportation of minority immigrants from American society; and when this racially motivated, highly political lawsuit by the plaintiff states, which goes far beyond the term "mean-spirited", and the lower court decisions upholding this lawsuit, will assume their rightful place in the dustbin of American history.

Roger Algase
Attorney at Law