Supreme Court Review Of Deferred Action for
The administration said Friday it is asking the Supreme Court to remove stays by the lower courts. The court rejected comparisons to other programs that granted lawful presence, distinguishing them as more targeted and prompted by unexpected circumstances.
“On the one year anniversary of DAPA and on behalf of immigrant families, we thank the Department of Justice and President Obama for recognizing that immigrant families make our country stronger”, said Brigid Hall, the group’s executive director.
Two lower courts have since blocked the administration from moving forward with the plans.
“More than 11 million removable aliens are estimated to live in the U.S. But Congress has appropriated the funds to remove only a fraction of that population in any given year”, the administration’s appeal said.
If the Supreme Court justices’ decide to stand with the president, which could not be announced until late June of 2016, Obama would only have seven months to actively enforce his plan before the next presidential inauguration. The court effectively halted the DACA-Plus program.
While many Republican politicians hope to block Obama’s programs, many immigrant rights activists say the executive actions didn’t go far enough. The program, it said, also exceeded Obama’s statutory authorization. The court had agreed to hear the “appeal on an expedited basis” in March while oral arguments were conducted on July 10. If the justices don’t agree by mid-January to hear the case, the issue probably will not be decided until after Obama leaves office in January 2017.
Though administration officials worked at an uncharacteristically fast pace in order to submit its petition to the Supreme Court, the timing is still tight.
However, the new deportation-relief program never kicked off after U.S. District Judge Andrew Hanen in Texas issued a court injunction against the program on the eve of its launch. Judge Hanen reasoned that the administration did not “comply” with Administrative Procedures Act’s “requirements”.
The 5th U.S. Circuit Court of Appeals issued a brief order, saying the unnamed women could intervene, adding a human dimension to what would be a blockbuster high court case.
The filing questions the right individual states have to sue the federal government, Lyle Denniston, a Supreme Court scholar and contributor to SCOTUSblog, wrote Friday morning. The Republican Governor of Texas Greg Abbott filed the lawsuit on behalf of the 26 states in November when he was still Texas’ Attorney General.
DAPA was created to provide illegal immigrants with work permits and a legal status that would allow them to pay their taxes and benefit from federal health programs, and other services. “And it will place a cloud over the lives of hundreds of thousands of people who came to the United States as children, have lived here for years, and been accorded deferred action”.
The first part of the president’s executive action, known as DACA, is an expansion of an existing program that defers deportment of children brought to the USA illegally.