LUBBOCK, Texas -
In a Texas case eight wasn't enough to get clarity on a presidential work-around at immigration reform. The Supreme Court deadlocked, which blocks President Obama's executive order to extend DACA and initiate DAPA.
"It's highly disappointing. That's kind of the first word that comes to mind," said Texas Tech student, Saba Nafees.
Nafees' parents are now out of options. They are here illegally and the Supreme Court's scuttling of the president's executive action on immigration means there will be no DAPA or DACA.
"This was the last hope they could cling on to and unfortunately now that it's not going to happen they have no other hope really," Nafees said.
The 4-4 decision means the Fifth Circuit Court's injunction against the president will hold, blocking the attempt to establish DAPA, the Deferred Action for Parents of American children, and DACA, the Deferred Action for Childhood Arrivals. Had the president prevailed as many as 5 million undocumented immigrants could have been protected from deportation and received legal work authorization under the executive order.
"Eight Supreme Court justices can make a decision and have made a decision and there can be a tie. There's no law that says there has to be nine or an odd number of supreme court justices to make a decision," said immigration attorney, Melissa Salazar.
Immigration reform now goes back to Congress, according to associate professor of history Miguel Levario, who said it all depends on the mood of senators and representatives.
"The history of immigration in the United States I always call it the schizophrenic approach to immigration. One period we'll love immigrants and the next period we hate them," Levario said. "We're pretty much left at square one. This now puts the pressure on Congress and I use that term loosely. It puts the pressure back on Congress which we know has been completely deadlocked."
Levario said other factors may also play a role on immigration reform over the next several months.
"It depends on November," Levario said. "It depends on a lot of things, on voter turn out among Latino communities especially those invested in the immigration issue. It depends on who is the president, whoever she or he may be, who they select for the Supreme Court justice vacancy."
Those here illegally and hoping for protection may still have a chance to remain here legally particularly if they don't fall within the priority list for deportation.
"DACA, DAPA you know the extended DACA are a form of prosecutorial discretion and that is exercised in many areas of the law not just immigration law," Salazar said. "So even if individuals may not qualify for the DACA or now that the extended DACA and the DAPA are not available. There are forms of still prosecutorial discretion based on the positive equities."
Factors like children and family can play a role.
For Nafees, a benefactor of the original DACA program, her parents mean everything.
"I try to be a very hopeful person I try not to even think of the possibility of families being ripped apart including my own. I'm just hoping that time is on our side and that they're able to stay. We've been here for 12 years," she said.
The original DACA program in 2012 is not affected by today's ruling.
