The appeal injects the Supreme Court into a dispute between 26 mainly Republican-led states and the Democratic administration, amid a presidential race in which immigration already has been a flashpoint.
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Friday marks one year since President Obama announced his executive action on immigration. “We strongly urge the high court to accept the DOJ’s request and uphold justice for so many communities who long to come out of the shadows of ‘undocumented'”.
“The court of appeals judgment enjoins nationwide a federal policy of great importance to federal law enforcement, to many states and to millions of families with longstanding and close connections with this country, ” the administration argued in court documents.
The immigrants affected by the plan are mainly the parents of American citizens and lawful permanent residents. “Their needs are immediate and personal”, she said.
The Obama administration has repeatedly argued that Obama’s actions have a sound legal underpinning, and that they should be implemented while the courts decide.
It is unclear if the Supreme Court will resolve the case before Obama leaves office in January 2017. Under normal circumstances, if the justices are to hear the issue this term, briefing must be completed by mid-winter.
“One year ago, President Obama took action in the face of Congress’s failure to reform our broken immigration system”. The program, it said, also exceeded Obama’s statutory authorization. The court had agreed to hear the “appeal on an expedited basis” in March while oral arguments were conducted on July 10.
A New Orleans-based federal appeals court said in a 2-1 vote that the states could challenge the plan because it would cost them millions of dollars.
A spokesman for Texas Attorney General Ken Paxton said the state will “continue defending the rule of law” against “the president’s unconstitutional use of executive power”.
The Obama administration has formally asked the US Supreme Court to review President Obama’s executive action on illegal immigration.
Smith was joined by Circuit Judge Jennifer Walker Elrod. The dissention came Obama’s appointee, Judge Stephen A. Higginson. “The petition was filed just over a week after a federal appeals court chose to keep an injunction in place that has prevented the programs from taking effect”.
The brief represents the administration’s last real hope of getting a court to green light the programs before the next election. He also says Texas has no standing to sue because it chose voluntarily to offer driver’s licenses to the immigrants who are the subject of the order.
Texas and 25 other states disagreed.
NY – Activists in dozens of cities across the country staged rallies on Friday to press for deportation relief, one year after President Barack Obama announced far-reaching immigration reform programs that have been blocked by a lawsuit.
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The case involves a November 2014 executive order by Obama that allowed parents of citizens or lawful permanent residents to apply for a program sparing them from deportation and allowing them to work.
