The United States Supreme Court will hear President Obama’s Executive Action Case on Immigration

In November 2014, President Obama announced executive actions on immigration, which were quickly blocked by a lawsuit that was filed by the state of Texas along with 25 other states (including Tennessee). These executive actions intended to allow millions of undocumented immigrants to become eligible to apply for work authorization programs. There are about 4.3 million immigrants who might have been eligible for those programs who are now in a precarious situation waiting to hear if they might be allowed to remain in the U.S. or it they will be removed.

The U.S. Supreme Court has decided to hear the case and decide whether the President acted within his legal authority, or if the lower court rulings should stand. There are two issues in question:

• The implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, for the undocumented parents of U.S. citizens and lawful permanent residents
• The expansion of the Deferred Action for Childhood Arrivals (DACA) program for the teens and young adults who were born elsewhere, but raised and educated in the United States

The President’s executive actions would have paved the way for participants in these programs to obtain lawful status, apply for work authorization and other benefits.

Why the Supreme Court is involved

Texas Attorney General Ken Paxton has called the President’s actions unconstitutional. The Obama administration says that the actions are a valid exercise of prosecutorial discretion and that Texas and the other states lack the standing to challenge them in court. The debate has made its way through various courts and is now in front of the Supreme Court of the United States.

The justices added a third question to the case, about whether the President’s actions violated the constitutional provision that requires him to “take care that the Laws be faithfully executed;” in other words, will enforcing these new provisions be in violation of existing laws? This little phrase, known as the “Take Care” clause, is stirring up a lot of controversy.

There are 26 states that believe that President Obama has exceeded his authority in issuing the executive order, and they urged the Supreme Court not to take up the case, but to allow the lower court ruling to stand. The attorneys general of 15 states and the District of Columbia filed a brief with the Supreme Court arguing that the President’s actions were within his legal authority, according to Politico.com.

The Supreme Court Justices will hear the case in April, and they will likely announce their decision in June. If the court rules in favor of the President, the programs will go into effect before he leaves office. If it sides with Texas and the other 25 states, more than 4 million people may be deported. It’s a big decision.

If you have questions about the immigration laws or becoming a permanent resident in Tennessee, we invite you to contact Knoxville immigration attorney Patrick Slaughter at LaFevor & Slaughter to schedule a consultation to discuss your case.