Texas AG Urges SCOTUS Not To Hear Obama Immigration Lawsuit Appeal

January 5th, 2016 by Simply Justice

Texas Attorney General Ken Paxton filed a brief urging the U.S. Supreme Court not to hear an appeal on the immigration lawsuit the state filed last year. The immigration lawsuit seeks to block two executive orders issued by President Barack Obama last year. These executive orders would have allowed immigration officials to defer deportation proceedings against more than five million undocumented immigrants. The lawsuit filed by Texas and 25 other states contends that the president overstepped his constitutional authority when he issued the orders.

Details of the Immigration Lawsuit

The Texas immigration lawsuit was first filed by Texas Governor Greg Abbott during his time as the state’s attorney general. The suit claims that President Obama lacked the authority under the constitution to issue executive orders regarding immigration law. The immigration lawsuit contents that only Congress has the power to enact such regulations. The suit also alleges that the financial burden of providing services, such as education and medical care, for up to 5.2 million undocumented immigrants will fall on the states.

Immigration Lawsuit: DAPA and DACA

The immigration lawsuit calls into question two executive orders President Obama issued last year. The first, known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, would allow undocumented parents of U.S. citizens or legal residents to defer their deportation process for up to three years. The second, known as Deferred Action for Childhood Arrivals program, or DACA, would defer deportation hearings for immigrants who arrived before their sixteenth birthday.

Immigration Lawsuit Brief Cites “Unilateral Executive Power”

The brief filed with the Supreme Court maintains that the president’s actions serve as an “assertion of unilateral executive power.” According to the state attorneys general who favored the case, the function of the immigration lawsuit is not to deny undocumented workers avenues to legal residency and eventual citizenship. Instead, the immigration lawsuit seeks to stop a “sweeping and unprecedented assertion of Executive authority.” The brief urges the Supreme Court not to hear the case based on the earlier opinions of lower courts, which prevented the orders from being implemented.

Immigration Lawsuit Could Impact 2016 Elections

The high court will decide in January if it will hear the immigration lawsuit before its term expires. If the court decides to hear the case, it could reach a decision by summer. The immigration lawsuit could have an impact on the upcoming elections for both national and state offices. With more than half the states joining in on the suit, statewide elections from Alabama to Nevada could be affected. The case may also have a significant impact on the upcoming presidential elections, as some candidates have expressed anti-immigration sentiments.

Source: Huffington Post

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NOTE: This post is a news story and does not imply an endorsement of Arguello, Hope and Associates by any of the parties mentioned herein.

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