On Monday, April 18, 2016, the U.S. Supreme Court will hear oral arguments
in the case Texas vs. United States. This is the case brought by 26 states
in an attempt to block President Obama’s executive order allowing
expanded DACA and DAPA. The Court will likely render a decision in June.
What are the possible outcomes?
First, the Court could dismiss the case without actually addressing the
merits. It could simply decide that the states did not have standing (i.e.,
the right and authority) to file the case in the first place. This would
put an end to the case and USCIS could immediately begin accepting applications
for expanded DACA and DAPA. However, it is likely that USCIS would require
time to complete the application forms and put in the place the resources
to begin processing these applications.
Option two is that the Court could reverse the Court of Appeals and lift
the injunction. This outcome would also allow USCIS to begin accepting
applications, but the case would be send back to the district court for
a full hearing. People could be receiving expanded DACA and DAPA during
this time, but eventually, the U.S. Supreme Court will likely to hear
the case a second time.
Option three is that the Court could uphold the temporary injunction. The
case would still move forward at the district court and eventually end
up at the U.S. Supreme Court again. However, in the interim, no applications
could be accepted, as the injunction would still be in effect.