The Supreme Court has denied the Department of Justice’s Motion for Rehearing in U.S. v. Texas without comment. The DOJ sought a rehearing of the decision because the Supreme Court had issued a split, 4-4, decision, and the the Department wanted a panel of nine justices to rehear the decision (when the ninth justice would be appointed).

As we wrote in an earlier article, the U.S. Supreme Court in U.S. v. Texas upheld the ban on implementing DACA and DAPA. Under the Expanded DACA program, individuals unlawfully present could qualify for work authorization regardless of their current age so long as they were brought into the US before they turned 16 and had lived continuously in the U.S. since January 1, 2010. The DAPA program would have given work authorization for three years to the parents of U.S. citizens and lawful permanent residents who did not have lawful immigration status. Both Expanded DACA and DAPA would have deferred any removal action against these individuals.

At this point, it remains to be seen whether these programs will be revived after the upcoming election in November 8, 2016. The elections will determine the direction of immigration reform in 2017.