John Scalise, the No. 3 Republican in the House of Representatives, said in a Twitter message that the court judgement was “a major triumph for the rule of law”.
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The appeal was presented by the Justice department on Friday. Solicitor General Donald B.
The millions protected under the administrations executive actions would be undocumented immigrants- primarily parents of American citizens and lawful permanent residents. Under normal circumstances, if the justices are to hear the issue this term, briefing must be completed by mid-winter.
“Today’s action sends a huge message to the Latino community that the Obama administration is keeping its word to defend DAPA and DACA-plus before the highest court in the land”, Ben Monterroso, executive director of Mi Familia Vota said in a statement.
Texas quickly led a legal challenge to the program, and has won every round in court so far, effectively blocking Obama’s plans.
In Washington D.C., hundreds of impacted immigrants planned to rally outside the Supreme Court at the same time, including Madai Ledezma, who came here illegally 10 years ago from Mexico and has a 7-year-old daughter who is a US citizen. It was unclear whether the Supreme Court will choose to hear the 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 legal battle began when a lower court in Texas issued a temporary injunction against DAPA and DACA II back in February.
The Obama administration on Friday formally asked the Supreme Court to reinstate its controversial immigration programs. Joining him was Judge Jennifer Walker Elrod, who was appointed by Republican George W. Bush. Otherwise, a decision would not come until after Obama has left office. Judge Hanen reasoned that the administration did not “comply” with Administrative Procedures Act’s “requirements”. Republicans largely oppose the executive actions. The Justice Department argued immigration is a federal issue not a concern of the states, and they had “no standing” to request the injunction. This led to 26 states challenging the plan in Texas court.
As a practical matter, the government has said it does not have the resources to annually deport more than about 400,000 of the nation’s estimated 11 million illegal aliens.
Obama’s program, called Deferred Action for Parents of Americans and Lawful Permanent Residents, would allow such undocumented immigrants to apply for work permits if they have lived in the country for at least five years and have not committed felonies or repeated misdemeanors.
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“We can no longer wait”, Garcetti said, with Los Angeles a city that was “built by immigrants” and where “their contributions are felt throughout our City every single day”. “It behooves the country to make sure these programs get implemented soon”.
