Obama Immigration Case in the U.S. Supreme Court

Obama Immigration Case in the U.S. Supreme Court

The U.S. Supreme Court agreed on Tuesday to hear an argument on President Obama’s recent executive action on immigration. Twenty-six states secured a preliminary injunction against the President’s initiatives from a Texas judge in November, putting a halt on the program. The Obama administration then appealed, petitioning the U.S. Supreme Court on November 20th for immediate review of the decision.

President Obama’s initiative, which could affect an estimated 4.4 million immigrants, would expand the Deferred Action for Childhood Arrivals program (DAPA) for immigrants who entered the U.S. as children. It would also create a similar program for certain immigrant parents currently without legal status. Eligible individuals could apply for delayed deportation and work permits for three-year periods.

The Court has asked the federal government and states involved in the case to weigh in on whether the executive action runs against the “take care clause” of the U.S. Constitution.

The debate is whether the President has the authority to create the program, an action the Texas Attorney General’s Office says is outside the president’s statutory and constitutional authority. Over 200 Democratic members of Congress, however, argue that the initiatives are fully within the reach of the executive branch’s authority.

It is expected that the high court will rule on the case in June, following additional briefings and oral arguments. This may be the biggest immigration case the court has seen in recent years.

If you are interested in immigrating to the United States or have other U.S. based immigration questions please contact our office to schedule a consultation today!

Berardi Immigration Law stars divider