At issue for the eight justices is whether the president has the power to extend such “temporary relief” from deportation and offer work permits to illegal immigrant parents of USA citizens or lawful residents without congressional approval. But it’s an argument that’s failed twice in lower courts and legal experts say all signs point to the Supreme Court agreeing with those rulings. “DAPA applies to immigrant parents of USA citizens and DACA applies to childhood arrivals”.
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On Monday, it was high stakes inside the Supreme Court.
The states challenging Obama’s immigration plan say he has repeatedly taken unilateral and unlawful action to sidestep Congress on gun control, gay rights, the minimum wage, contraception, and climate change.
“There’s definitely a possibility that the next administration could do away with the childhood arrivals program or do something to stop DAPA”, said Mohammud Abdollahi, an immigration advocate. “I no longer have to bow down my head when I walk past the cops”, she said.
Chief Justice John Roberts also strongly questioned Solicitor General Donald Verrilli Jr., suggesting there are few limitations to the president’s power under the administration’s view of immigration law. Provisions include expansion of Deferred Action for Childhood Arrivals, or DACA, a program that provides temporary relief to unauthorized students, and creation of the Deferred Action for Parents of Americans, or DAPA, a similar program that would provide reprieve to unauthorized parents of USA -born children.
Obama issued the executive order in 2014, which would potentially shield up to five million unauthorized immigrants from deportation.
Texas sued the administration and Monday argued that if DAPA was upheld, it would place an undue burden on the Lone Star State, which would have to pay millions to create driver’s licenses for all the new residents.
Millions of undocumented immigrants are awaiting the court’s decision, including thousands here in Arizona.
Graham said he thinks that’s best for the court and the country, and would let the voters have a say in the process.
The death of conservative justice Antonin Scalia this past February makes this case even more complicated.
Immigration has been a contentious topic and the rhetoric surrounding immigration policy hasn’t always been positive.
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Manny Garcia, Deputy Executive Director of The Texas Democratic Party, said a ruling in Paxton’s favor would be devastating and rip hundreds of families apart.
