National coalition pushes Supreme Court to hear DACA/DAPA case

12月 1, 2015

Legal Aid Society-Employment Law Center is among 224 groups nationwide, including legal organizations, unions, and social service groups, that are asking the U.S. Supreme Court to hear a case brought in 2014 by 26 states led by Texas over the Obama administration’s immigration reforms.

The 224 groups argue in their amicus brief, filed Dec. 1, that the reforms President Obama announced a year ago will help millions of people who already live and work in the United States legally, by opening a path to legal permanent residency for their parents. Related to the program for people who came to the U.S. as children, known as DACA (for Deferred Action for Childhood Arrivals), the reforms expand DACA and address immigrants whose children are U.S. citizens or legal permanent residents. 

The Fifth U.S. Circuit Court of Appeals upheld an injunction against the reforms in early November, in its latest ruling in Texas v. U.S. The U.S. Department of Justice has urged the Supreme Court to schedule the case quickly so that it may reach a decision by June 2016. 

The District of Columbia plus 15 states and 73 mayors and county officials from across the country have voiced strong support for the reforms.

Update 3:30 p.m. Pacfic time:

On Dec. 1, the Supreme Court gave Texas and the 25 states it is collaborating with eight extra days to respond to DOJ’s appeal, not the month they had requested. The new Dec. 29 deadline means that, if the court decides to hear the politically charged case, it could hand down a decision by June, while the presidential primaries are still in process, according to SCOTUSblog.

It’s important to note that the appeal concerns only the states’ statutory claims. At issue is whether the states have standing in the case under Article III of the Administrative Procedure Act, which governs how federal agencies propose and implement regulations.

The appeal does not address the 26 states’ constitutional objections to the immigration reforms.

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