Two hundred Democratic Congress members, Governors, Mayors and state lawmakers filed the amicus brief with the high court Tuesday in hopes it will swing the court in favor of President Obama’s immigration policies which have been on hold since November of 2014. Lawmakers told the court Republican obstruction has made it impossible for Congress to work on improving a very dysfunctional immigration system.
Politico reports that the brief argues that Obama’s immigration actions are Constitutional would give undocumented immigrants with family ties in the U.S. the chance to avoid deportation. The policy is known as DAPA and gives deportation relief to undocumented parents of U.S. citizens and legal permanent residents who apply for the status. It is a similar policy to DACA (Deferred Action for Childhood Arrivals). The Washington Post reports that DAPA would give deportation relief approximately 5 million immigrants.
The brief argues that since the Department of Homeland Security is given limited funds to carry out deportations, the agency must use discretions and prioritize deportations for immigrants who pose a risk to the communities where they live. Since the President’s immigration actions lay out those priorities, Democratic lawmakers argue that since the DHS cannot deport all undocumented immigrants, Obama’s orders are “by definition reflects the faithful execution of the law,” Politico reports.
Politico reports that House Minority Leader Nancy Pelosi (D-Calif.) and Senate Minority Leader Harry Reid (D-Nev.) said in a joint statement. “We are confident the Supreme Court will recognize the legality and necessity of the President’s actions to help bring our immigration system back into line with the values and needs of our country.”
Oral arguments for Texas vs. The United States begin on April 18, and there is some speculation that House Republicans may also file a brief.
If the court, which recently lost Justice Antonin Scalia, comes up with a 4/4 vote, the lowers court decision would remain, and DAPA will not be allowed to take effect. If the Supreme Court decides President Obama’s orders are Constitutional, the policy can go into effect but can be overturned when a new President takes office in 2017.
DAPA is an important policy and would give many undocumented immigrants the opportunity to become legal, working, tax-paying residents of the U.S. USAttorneys’ team of immigration attorneys understand the importance of policies like this and how Supreme Court decisions impact the lives of immigrants.
Unfortunately, these policies also bring out individuals looking to make easy money. Consultants, agents, and notorios masquerade as immigration professionals when they aren’t qualified to help an immigrant. Immigrants should be careful who they trust and be wary of giving their hard-earned money to a fraudster. The most surefire way to avoid an immigration scam is to visit USAttorneys and find an immigration lawyer to help.