Supreme Court to Rule on DAPA/DACA Legality
On January 19, 2016, the Supreme Court of the Unites States granted certiorari in Texas v. United States, No. 15-764___ U.S.___ (2016) inviting both sides to present arguments on the legality of President Obama’s executive action which purported to provide temporary shield from deportation and work authorization to thousands of undocumented residents of the U.S.
Alena Shautsova further comments that “Now, the parties submit the following issues for the review before the Supreme Court: whether the states had a legal right to sue, or are barred from doing so under Article III of the Constitution; whether the policy is 'arbitrary' and beyond the president’s powers under federal immigration laws, and whether the policy is illegal because the government did not seek public reaction to it before adopting it as policy. In addition to the questions posed by the parties, the Supreme Court added one more issue to be resolved this year: whether the announced policy violates the constitutional clause that requires the president to 'take care' that the laws passed by Congress are faithfully executed.”
Finally, Alena Shautsova states: “The resolution of the presented issued will affect the lives of thousands of fellow residents who, for decades, are waiting for changes in the U.S. Immigration laws. It is understandable that the ruling will not present long-term solutions for undocumented residents. The DAPA and DACA may provide only temporary protection from deportation/ removal for those who will qualify. The beneficiaries will still have to apply and subsequently re-apply for the status, and will not be able to simply file for residency once the status is granted. The most important benefit of such a status, however, is not a work permit or 'deferred action,' it is an ability to apply and receive an advance parole document. The good news is that the Supreme Court will hear parties’ arguments in April of this year, and that the decision is likely to be issued in summer of 2016.”
Ms. Shautsova is a New York Immigration attorney and can be reached via http://www.shautsova.com and at 917-885-2261.