Rostam Blog
Supreme Court May Change Future of Undocumented Immigration
By the end of this month, the Supreme Court is scheduled to make a decision in the landmark immigration case, U.S. v. Texas. The immediate impact will affect the status of approximately 5.7 million undocumented persons living in the United States. If the Supreme Court sides with the Obama Administration, these undocumented persons could be allowed to live and work legally in the United States without the fear of deportation.
The case focuses on Obama’s 2014 Deferred Action for Parents of Americans (“DAPA”), and the expansion of the 2012 Deferred Action for Childhood Arrivals (“DACA”). The measures protect young immigrants from deportation if they were brought to the U.S. illegally as children. They would also extend deportation protections to undocumented parents of U.S. citizens and permanent residents who have been in the country for some years. Both actions would allow them to work legally for a period of two years subject to renewal.
U.S. Citizenship and Immigration Services (“USCIS”) planned to begin accepting applications under these programs on February 18, 2016. However, after 26 states challenged the constitutionality of these executive actions, a Texas District court temporarily suspended both the programs. The case was appealed to the Supreme Court, and on April 18, 2016, the Supreme Court heard both sides.
Impacts of the Case
If the court rules in favor of Obama’s administration, DAPA and expanded DACA will be implemented and USCIS will continue to accept applications. It is expected that these programs will have positive impacts on the economic and social health of the country. In a report titled The Economic Effects of the Administrative Action on Immigration, Obama’s Council of Economic Advisors claims these programs will produce a 0.4 percent increase to the Gross Domestic Product, a $25 billion USD decrease in the federal deficit, an increase in wages for U.S. born workers, and an increase in state and federal tax revenue by the year 2024. These changes will result from an increase in the labor participation rate with the addition of 150,000 workers over ten years, as well as an increase in labor productivity from market flexibility and job stability for eligible undocumented workers.
In addition to economic consequences, DAPA and expanded DACA will have a positive social impact by providing stability for millions of families and fostering a better relationship between immigrant communities and the police. The Migration Policy Institute claims 3.7 million parents of U.S. citizens or legal permanent residents could receive benefits from these programs; together with the existing DACA program this would ultimately benefit 5.7 million undocumented immigrants living in the shadows. The benefits for these families go beyond work authorization and social security. The low priority status of undocumented immigrants will give them peace of mind while living in their communities and will create a better relationship with the police. The Major Cities Chief Association submitted a brief to the Supreme Court expressing their support for these programs. The brief explains that undocumented immigrants’ fear of law enforcement “leaves undocumented immigrants more vulnerable to crime and exploitation, leading to more violence in the communities.”