SUPREME COURT WILL RULE ON OBAMA'S IMMIGRATIOIN PLAN
The justices agreed Tuesday to hear the administration's contention that Obama has the power to change immigration policy without going through Congress.
The court's agreement to hear the appeal to a challenge brought by Texas and 25 other states led by Republican governors will add fuel to the heated debate over illegal immigration in the 2016 presidential campaign. The case will be heard in April and decided in June, a month before the two parties' political conventions.
A decision reversing the appeals court would give the Department of Homeland Security seven months to begin implementing the policy before Obama's term ends in January 2017. At that point, it would face likely extension from a Democratic president or extinction from a Republican.
Obama unveiled the program in 2014 as an extension of his earlier policy delaying the threat of deportation for about 770,000 undocumented immigrants brought to the country as children. The new plan would broaden that program and add protections for about 4.3 million adults with children who are U.S. citizens. It would make them eligible for work permits and a host of health care, disability and retirement benefits.
The U.S. Court of Appeals for the 5th Circuit in November upheld Texas' challenge to the deferred deportation plan. The administration said the lower court ruling denies parents "who have lived in this country for years, would pass a background check, are not priorities for removal, and have a son or daughter who is a U.S. citizen or a lawful permanent resident.''
"Deferred action would give these parents and children the dignity of coming forward and being counted," the Justice Department argued in asking the court to hear the case. "Without work authorization, they are more likely to work for employers who will hire them illegally, often at below-market wages, thereby hurting American workers and giving unscrupulous employers an unfair advantage."
The coalition of Republican governors, led by Texas Gov. Greg Abbott, contends that Obama lacks the authority to protect about one-third of the nation's undocumented immigrants by executive fiat. A divided appeals court panel agreed, saying that the power the administration claimed would allow it "to grant lawful presence and work authorization to any illegal alien in the United States."
The program "would allow illegal aliens to receive the benefits of lawful presence solely on account of their children's immigration status, without complying with any of the requirements ... that Congress has deliberately imposed," the court said.
Judge Carolyn Dineen King dissented from the 2-1 decision. She argued that the deferred action program was an "exercise of prosecutorial discretion" beyond the reach of federal court judges.
This will be the second time in four years that the high court has heard a major immigration case in the midst of a presidential campaign.
In 2012, the justices upheld a provision of an Arizona law requiring state and local police to check the immigration status of people they stop or detain if a "reasonable suspicion" exists that they're in the country illegally. But it struck down three other provisions that created new state crimes targeting illegal immigrants; the panel said Arizona had usurped federal authority in the area of immigration enforcement.
In the new case, the justices already have done the Obama administration one favor: They ordered Texas to respond to the Justice Department's petition without a delay that would have meant the case would not be heard until the 2016 term begins in October. That would have pushed the court's ruling to 2017, after Obama has left office.
http://www.wfaa.com/story/news/2016/01/19/supreme-court-obama-immigration-congress-deportation-illegal/78819216/
2 comments:
The Supreme Court has no authority to rule on anything. It is just as much a corporation as the UNITED STATES, Inc. In fact it is part of the UNITED STATES, Inc. A sub-corporation of the US, Inc.; just like all of the other 3 or more letter (acronym) agencies; the lower courts, States, Counties, Cities, Towns and on and on. Almost everything is a corporation (fiction). Just like all statutes, rules, regulations, etc. are NOT law; they are abrogations of law, color-of-law, fiction, not public but private, copyrighted, for profit, corporate law.
The red sign said, we are immigrants not criminals.
In fact most of you are illegal immigrants, criminals if not here legally and liars as well or you are not educated enough to know the difference, or both. Ken T.
Post a Comment