Yes and DAPA was decided 4-4 that affirmed the 5th’s ruling. Unfortunately, Trump is trying to tweak DACA which is the crux of the matter. You can’t have “your cake and eat it too” concerning “pathways”.
Trump admin tried to explain that DACA was unconstitutional, but at the same time, “grandfathered” case-by-case situations as presented by the memo. Part of Bates’ ruling was that the DOJ and DHS were cherry picking and getting ahead of themselves concerning DACA being unconstitutional while extending protections to individuals already deemed as “Dreamers”.
Either every DACA recipient/Dreamer is illegal and exposed to deportation or not. Which is it?