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Local attorney weighs in on SCOTUS immigration ruling
Stakes are high for the millions of undocumented immigrants whose depend on these programs.
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However, the Associated Press reports, based on today’s oral arguments including those by opponents led by the State of Texas, the Supreme Court appears divided.
The orders impact up to 4 million people.
The case revolves around a program called DAPA.
Although a president’s executive power authority is not the ideal way to resolve weighty questions of immigration policy, President Barack Obama felt compelled to fill the vacuum created by congressional inaction on immigration.
A 4-4- tie vote – possible since the death of Justice Antonin Scalia – would be a defeat for Obama since it would leave in place a lower court’s ruling to block his program and make it nearly impossible to implement before he leaves office.
Supporters called it a “moral imperative” that families be kept together through DAPA. It also aimed to bring more people into legal work.
Immigrants and supporters from Philadelphia attend Monday’s rally.
In downtown San Bernardino, two dozen anti-illegal immigration activists had a different message for the Supreme Court: No amnesty. She was born in the USA, but her parents are here without documents. “I ask the judges to protect us children and all immigrants”.
A representative from a teacher’s group also spoke.
She says all they want is to know they won’t be forced out of their community or have their families broken up. “Fear for themselves that they are going to be picked up on their way home”. The president’s lawyers said you can get rid of these words and still keep the programs. That could leave DACA and DAPA in limbo, most likely through the end of Obama’s presidency. Justice Kennedy went on: “It’s as if the president is defining policy and the Congress is executing it”. “That seems upside down”. Those orders have the force of law, but they do not have to be approved by Congress.
Marcy Suarez, a 20-year-old who was shielded from deportation by a previous executive action that is not in dispute now, said she hopes the court takes into account what she calls the humanitarian dimension of the issue. Immigration experts say about a quarter of those who stand to benefit from Obama’s plan live in California.
Lower courts have agreed with the challengers.
Whatever the court decides will affect those locally as well.
The case was heard by an eight member court, because of absence of Justice Antonin Scalia, who died in February.
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The case was on a fast track to the Supreme Court. 8 News NOW Reporter Karen Castro has her story.