Obama immigration plan blocked by 4-4 tie at Supreme Court

A tie vote by the Supreme Court is blocking President Barack Obama's immigration plan that sought to shield millions living in the U.S. illegally from deportation.

The justices' one-sentence opinion on Thursday effectively kills the plan for the rest of Obama's presidency. The outcome underscores that the direction of U.S. immigration policy will be determined in large part by this fall's presidential election, a campaign in which immigration already has played an outsized role.


People who would have benefited from the programs face no imminent threat of deportation because Congress has provided money to deal with only a small percentage of people who live in the country illegally, and the president retains ample discretion to decide whom to deport.

A tie vote sets no national precedent but leaves in place the ruling by the lower court. In this case, the federal appeals court in New Orleans said the Obama administration lacked the authority to shield up to 4 million immigrants from deportation and make them eligible for work permits without approval from Congress.

Texas led 26 Republican-dominated states in challenging the program Obama announced in November 2014. Congressional Republicans also backed the states' lawsuit.

The Obama administration announced the programs—protections for parents of children who are in the country legally and an expansion of the program that benefits people who were brought to this country as children—in November 2014. Obama decided to move forward after Republicans won control of the Senate in the 2014 midterm elections, and the chances for an immigration overhaul, already remote, were further diminished.

The Senate had passed a broad immigration bill with Democratic and Republican support in 2013, but the measure went nowhere in the GOP-controlled House of Representatives.

The states quickly went to court to block the Obama initiatives. Their lawsuit was heard by U.S. District Judge Andrew Hanen in Brownsville, Texas. Hanen previously had criticized the administration for lax immigration enforcement.

Hanen sided with the states, blocking the programs from taking effect. The 5th U.S. Circuit Court of Appeals also ruled for the states, and the Justice Department rushed an appeal to the high court so that it could be heard this term.

A nine-justice court agreed to hear the case in January, but by the time of the arguments in late April, Justice Antonin Scalia had died. That left eight justices to decide the case, and the court presumably split along liberal and conservative lines, although the court did not say how each justice voted.

Had Scalia still been alive, though, he almost certainly would have voted with his fellow conservatives to form a majority in favor of the states.

In practical terms, a victory by presumptive Republican nominee Donald Trump could mean an end to the programs anyway, since he has vowed to deport the roughly 11 million immigrants who are in the United States illegally.

If Hillary Clinton, the presumptive Democratic nominee, is elected, she could attempt to revive the programs or work with the new Congress on comprehensive immigration legislation.

If Clinton wins, the Senate will at some point fill the vacancy created by Scalia's death — either with Obama's nominee, Judge Merrick Garland, or a Clinton choice. In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help immigrants a friendlier reception.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Comments are automatically closed two weeks after an article's initial publication. See our comments policy for more.


Don't miss the best from America

Sign up for our Newsletter to get the Jesuit perspective on news, faith and culture.

The latest from america

Xavier High School students fill West 16th Street during the National School Walkout Day. (Credit: Shawna Gallagher Vega/Xavier High School)
Our student body generated dialogue around a topic that we did not all agree on.
Devin OnMarch 23, 2018
Protesters gather near the Manchester Central Fire Station in Manchester, N.H., Monday, March 19, 2018, where President Donald Trump madee an unscheduled visit. Trump is in New Hampshire to unveil more of his plan to combat the nation's opioid crisis. (AP Photo/Susan Walsh)
To suggest the use of the death penalty as a way to address the opioid epidemic ignores what we know already to be true: The death penalty is a flawed and broken tool in the practical pursuit of justice.
Karen CliftonMarch 23, 2018
(Images: Wikimedia Commons, iStock/Composite: America)
An angel whispered in my ear: “Fred, ‘Be not afraid.’”
Fred DaleyMarch 23, 2018
(photo: Music Box Films)
“Back to Burgundy” is about family tensions boiled up by both the financial and artistic challenges of the wine business.