Obama Immigration Action Plan: Justice Department Petitions Supeme Court to Review DAPA, DACA Expansion Lawsuit
The U.S. Department of Justice (DOJ) has officially petitioned the U.S. Supreme Court to review the federal appeals court ruling that blocked President Barack Obama's 2014 immigration executive actions.
Coinciding with the one-year anniversary since President Barack Obama introduced his latest immigration executive actions -- on Nov. 20, 2014 -- the DOJ's formal request, referred to as "petition for a writ of certiorari," asks the Supreme Court to consider picking up the lawsuit initiated by Texas, which has sought to block Obama's Deferred Action for Parental Accountability (DAPA) program and Deferred Action for Childhood Arrivals' (DACA) expanded guidelines. With DAPA and DACA's expansion, approximately 4.9 million eligible undocumented immigrants can apply for three-year stays in the U.S. and temporarily avoid deportation.
Shortly after Obama had announced his immigration executive actions, then-Texas Attorney General Greg Abbott filed a lawsuit to stop the deferred action programs. Abbott, who currently serves as governor of Texas, said Obama overdid his executive ability and it would have negative affects to the state. Since launching the lawsuit, Abbott received support from 25 other states. Last February, Judge Andrew S. Hanen of the U.S. District Court for Southern District of Texas provided Abbott a victory by issuing a temporary injunction on DAPA and DACA's expansion, which paused the federal government from implementing the programs. The U.S. Court of Appeals for the Fifth Circuit supported Hanen's decision.
As a result of the lower court's rulings, the Obama administration decided to take the issue to the highest U.S. court.
"A divided court of appeals has upheld an unprecedented nationwide injunction against implementing a federal immigration enforcement policy of great national importance, and has done so in violation of established limits on the judicial power," wrote the DOJ, later adding, "A twice-divided court of appeals should not have the last word on whether that policy can be implemented."
The Justice Department noted there are 6.3 million children in a household with a DAPA-eligible parent.
"The nationwide injunction also has far-reaching and irreparable humanitarian impact. It bars approximately 4 million parents -- who have lived in this country for years, would pass a background check, are not priorities for removal, and have 'a son or daughter who is a U.S. citizen or lawful permanent resident' from requesting deferred action under the Guidance and receiving authorization to work lawfully," the DOJ wrote in its petition.
The Supreme Court is expected to announce whether they will hear the case in early 2016. If the Supreme Court does pick up the lawsuit, a decision could come in June 2016.
The 26 states seeking to block DAPA and DACA's expansion programs are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.
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