Administration files immigration appeal with United States high court
The announcement today paves the way for the Supreme Court toput the remaining legal questions to rest so that over 5 million U.S. citizen children can finally have stability and be free from the fear that they will one day be separated from their parents. To hear the case this term, the states would have to submit their briefs by mid-winter.
She also said she has watched in dismay the vilification of refugees fleeing violence and upheaval in the Middle East and Africa, and called out Republicans for falling “into the trap of hate speech against immigrants”. In a 2-1 ruling the court stated that President Obama “lacked the authority” to shield “one-third” of illegal immigrants through an executive action.
“Instead of trying to defend an unconstitutional executive order as he winds down his time in office, the president should work with Congress to secure our borders and improve our immigration laws”, said Sen.
The Supreme Court is expected to announce whether they will hear the case in early 2016.
The Supreme Court is expected to give an answer in the summer of 2016.
The 26 states seeking to block DAPA and DACA’s expansion programs are Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.
It’s official. The Obama administration has formally appealed a ruling from the Fifth Circuit Court of Appeals blocking the roll-out of immigration initiatives that would have shielded up to 5 million unauthorized immigrants from deportation, Reuters reports. The three-judge panel in New Orleans consisted of Judge Jerry Smith appoint by Republican Ronald Reagan, Smith also wrote the opinion. Judge Andrew Hanen, a staunch and highly vocal opponent to Obama’s philosophy on immigration policy, placed a preliminary injunction on the executive actions and zinged the administration on minor procedural rules for not allotting sufficient time for public comment.
If the Court does confirm a right for the states to have sued, it presumably would then move on to decide whether the deferred-deportation policy was likely ultimately to be found illegal.
“The actions are on hold because of a lawsuit filed by Gov. Greg Abbott”, said Mary Moreno, a spokeswoman for the Texas Organizing Project, an immigrant advocacy group.
The key elements at issue are Obama’s decision to expand the Deferred Action for Childhood Arrivals program, or DACA, and to create a new Deferred Action for Parents of Americans, or DAPA.
At issue is the Deferred Action for Parents of Americans program, which Obama said would allow people who have been in the United States more than five years and who have children who are in the country legally to “come out of the shadows and get right with the law”. But the states have said it is an illegal power grab by the president, carrying out a program that Congress would not authorize.