ObamaExecutive Memorandum

DAPA (Deferred Action for Parents)

November 20, 2014

DAPA would have extended temporary protection to approximately 4 million undocumented immigrants who were parents of US citizens or legal residents. The Fifth Circuit found it likely exceeded prosecutorial discretion, and the Supreme Court deadlocked 4-4 in 2016. Unlike DACA, DAPA was never implemented. The scale (4M vs 800K) made separation-of-powers concerns more acute.

CFI Score

44

Mixed

Constitutional Floor

Violation

3+ lenses found severe tension

Lens Agreement

Significant Disagreement

Lenses strongly diverge

Steelman Defense

+15.9

Stronger defense than consensus

Key Constitutional Issues

Floor Violations

Separation

3 of 5 lenses scored −2 (strong tension)

Caution Areas

Equal

3 of 5 lenses found moderate tension

Democratic

3 of 5 lenses found moderate tension

Sovereignty

3 of 5 lenses found moderate tension

Most Contested

Equal

High disagreement across lenses (variance 1.60)

Dimensional Extremes

Strongest: Welfare

Mean score +1.4 5 of 5 lenses scored positively

Weakest: Democratic

Mean score -1.4 2 lenses found strong tension

Dimensional Profile

RightsEqualDemocraticSeparationDue ProcessWelfareSovereignty
MeanRange

Dimension Scores by Lens

Rights
0.0
Equal
0.0
Democratic
-1.4
Separation
-1.4
Due Process
+0.4
Welfare
+1.4
Sovereignty
-0.4

Scoring Matrix

DimensionTextualistOriginalistDoctrinalistLivingPragmatistSteelman
Rights-1-10+1+1+1
Equal-1-1-1+2+1+1
Democratic-2-2-1-1-1-1
Separation-2-2-20-1-1
Due Process000+1+1+1
Welfare+1+1+1+2+2+2
Sovereignty-1-1-1+100

Lens Narratives

Click to expand each constitutional lens's reasoning.

Steelman Analysis

While prosecutorial discretion can encompass categorical policies, DAPA's scope without Congressional engagement created democratic legitimacy concerns. Phased implementation with Congressional notice might have been safer.

Delta by Dimension

Rights
+1.0
Equal
+1.0
Democratic
+0.4
Separation
+0.4
Due Process
+0.6
Welfare
+0.6
Sovereignty
+0.4