The Deferred Action for Parents of Americans and Legal Permanent Residents program, commonly known as DAPA, was scheduled to start in May 2015 and would have granted certain undocumented parents, like Bilbao, temporary relief from deportation and employment authorization. But the program was put on hold by a federal court.
The case was argued April 18 in the Supreme Court. The New York Times reported that lawyers were facing tough questions about their cases from the justices.
“It’s as if the president is defining the policy and the Congress is executing it. That’s just upside down,” Justice Anthony M. Kennedy said to Obama’s top lawyer.
Justice Antonin Scalia’s death in February has added an extra layer of uncertainty for those awaiting a ruling. A tie, which is now more possible, would let stand an appeals court ruling that blocks the expanded DACA and DAPA program from taking effect.