Washington D.C. – The Supreme Court of the United States will move forward and prepare to hear oral arguments on the DAPA/DACA+ programs on April 18, 2016. This latest development comes as advocacy, community, and labor organizations have worked to collect signatures for Amicus Briefs from supporters of the DAPA/DACA+ program to be submitted to the Supreme Court next week. As the SCOTUS moves to hear these arguments, a groundswell of support for these legal and constitutional programs will continue. A ruling on the DAPA/DACA+ case is inching closer to a June 2016 decision.
The issue at hand for the SCOTUS to rule on is as follows:
Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the Secretary of Homeland Security’s guidance seeking to establish a process for considering deferred action for certain aliens because it will lead to more aliens having deferred action; (2) whether the guidance is arbitrary and capricious or otherwise not in accordance with law; (3) whether the guidance was subject to the APA’s notice-and-comment procedures; and (4) whether the guidance violates the Take Care Clause of the Constitution, Article II, section 3.
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