Pres. Obama promised yesterday that he won't be deporting anybody who qualified for his biggest amnesty despite the Supreme Court's refusal to allow the amnesty. But he also indicated that he doesn't have an idea of anything else he can do while president to give work permits and other benefits to those nearly 5 million illegal aliens.
While the impact of the split decision is a victory for American workers in the interim, we would have much preferred a majority decision by the Court that struck down the President's actions altogether.
Nevertheless, with the 4-4 tie, the Court upheld the injunction put in place by U.S. District Judge Andrew Hanen, temporarily stopping the issuance of work permits. Judge Hanen has ruled only on the injunction, so over the next several months, he'll begin considering the merits of the 26 states' case against the President's actions.
In all likelihood, the ultimate fate of Pres. Obama's 2014 DAPA executive amnesty will fall on November's elections since Hillary Clinton and Donald Trump have different stances on the issue.
If Hillary Clinton is elected, she has vowed to go even further than Pres. Obama on executive action. If Judge Hanen decides permanently against the DAPA amnesty on the merits, Clinton would likely challenge the verdict all the way to the Supreme Court where it can be heard by the current Justices and whomever she appoints (who would likely be sympathetic to executive actions). Donald Trump, on the other hand, has vowed to end DAPA and DACA.
It's important to remember that Pres. Obama's 2012 DACA amnesty (for nearly a million younger illegal aliens) is still in effect because it wasn't part of the 26-state lawsuit. So if Clinton is elected, she'll be able to continue Pres. Obama's DACA program.
In yesterday's 4-4 tie decision, the Justices didn't even show their individual hands. Neither side issued an opinion, so we don't know if the four Justices who supported Judge Hanen's injunction did so on his reasoning that the Administration didn't follow the federal rule-making process or if they truly believe that Pres. Obama's actions are unconstitutional.
Still, let's not sell short the impact of yesterday's decision. For the time being, the DAPA work permit program is on hold and millions of struggling Americans won't have to face a massive influx of amnestied illegal aliens able to legally compete for every job in America
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