SCOTUS Agrees to Review DAPA Case
The Supreme Court agreed on Tuesday to consider a legal challenge to President Barack Obama's executive action, allowing for certain undocumented immigrants to remain in the United States.
The case will be argued in April with a ruling likely to follow in June, The New York Times reports.
The case gives limited time for the president's administration to implement the new program called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA.
Obama first announced the program shortly after the 2014 general election. Frustrated with the Republican resistance to any type of bipartisan legislature in Congress, the president used executive power that would allow permanent residents protection from deportation under certain stipulations.
Specifically, DAPA grants deferred action status to undocumented immigrants who have lived in the U.S. for more than five years, have no prior felonies, and have children who are American citizens or permanent residents. It is expected to effect close to 4 million people when implemented.
However, the program has been blocked by those that believe the president abused his power by sidestepping Congress. A coalition of 26 states filed a lawsuit against the president's action, and a preliminary injunction halted the program pending the legal case.
"DAPA is a crucial change in the nation's immigration law and policy -- and that is precisely why it could be created only by Congress, rather than unilaterally imposed by the Executive," said Texas Attorney General Ken Paxton, head of the collation against DAPA, according to the Washington Post.
The Obama administration has pressed the Supreme Court to move quickly in making the decision. The president still hopes to have the program put in place before his successor arrives next January.
While Republican presidential candidates have vowed to dismantle the program if elected, the Democratic candidates have said they will see they will ensure DAPA remains in effect.
Hillary Clinton expressed her support for DAPA via Twitter.
In a statement obtained by Latin Post, Vermont Sen. Bernie Sanders also promised to follow through with Obama's executive decision.
"The president did exactly the right thing when he took action to protect Dreamers and the parents of children who are citizens or legal permanent residents. I am confident the president has the legal authority to take this bold action," Sanders said.
"Clearly the best form of action is for Congress to pass comprehensive immigration reform to put undocumented people on a path toward citizenship. But if Congress fails to act, as president I would uphold and expand the president's action."