The Obama administration has asked the Supreme Court to revisit a landmark immigration case in the hopes of reviving its plan to protect up to 4 million undocumented immigrants from deportation.
The plan would protect undocumented immigrants without criminal records who have lived in the U.S. since at least 2010 and have children who are either American citizens or lawful permanent residents, Reuters reports. It was initially blocked in a lower court, and the Supreme Court, currently down a member, was split four-to-four on the issue in June. Since the hearing resulted in a draw, the lower court’s ruling held.
Now, the Justice Department says the Supreme Court should rehear the case when it’s back up to nine members — though that could take a long time to reach, since the Senate is unlikely to vote on Obama’s nominee, appeals court judge Merrick Garland. If the Supreme Court were to rehear the case, which it rarely does, that means it would be unlikely to proceed until after Obama leaves office in January.
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