Immigration News: Texas Requests Delay in Supreme Court's DAPA, DACA Expansion Case
Texas Attorney General Ken Paxton has requested a delay in the Supreme Court’s review of President Barack Obama’s 2014 immigration executive action.
From Paxton's office, Texas Solicitor General Scott Keller called for a 30-day extension to file a brief against the U.S. Department of Justice's petition that requested the Supreme Court consider reviewing the legality of Obama's Deferred Action for Parental Accountability (DAPA) program and expanded Deferred Action for Childhood Arrivals (DACA) guidelines.
DAPA and DACA are deferred action programs, giving eligible undocumented immigrants the opportunity to apply for a permit to temporarily avoid deportation. On Nov. 20, 2014, Obama announced DAPA and DACA's expansion -- building on an existing 2012 executive action -- allowing nearly 4.9 million eligible undocumented immigrants can apply for three-year stays in the U.S.
Shortly after his announcement, then-Texas Attorney General Greg Abbott launched a lawsuit against the deferred action programs, arguing Obama breached his executive authority, negatively affecting his state. Abbott has since become the governor of Texas, while Paxton assumed the role of the state's attorney general.
Paxton, along with 25 other states that have supported the lawsuit, successfully secured a temporary injunction of DAPA and DACA's expanded guidelines from Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas. The Justice Department appealed to the U.S. Court of Appeals for the Fifth Circuit, but to no avail.
On the one-year anniversary of Obama's immigration executive action announcement, the DOJ filed a petition for the Supreme Court to hear its case. If the Supreme Court accepts the DOJ's petition, the court will hear the case in early 2016 and a decision could come in June 2016.
In his letter to Supreme Court, Keller requested a 30-day extension, citing the need to prepare against the DOJ's petition and to settle other cases that have "pressing deadlines."
The DOJ said it opposes Texas' request. Justice Department spokesman Patrick Rodenbush said, "The case presents issues of national importance and the department believes it should be considered expeditiously.
"If the Supreme Court approves the 30-day extension, then the court's final DAPA and DACA expansion decision could come after Obama leaves office. Therefore, we intend to oppose Texas's request for a full 30-day extension."
Along with Texas, the 25 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, Utah, West Virginia and Wisconsin.
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