During the week of July 6th, oral arguments for immigration executive action case will be heard by the U.S. Court of Appeals for the Fifth Circuit. While the appellate court heard initial oral arguments on April 17th, as we’ve previously noted:

  • These arguments pertained to lifting the stay issued by U.S. District Judge Andrew Hanen in February (a day before USCIS was poised to start accepting applications for the deportation relief that would be offered under the now stalled immigration executive action).
  • A ruling regarding these initial arguments has yet to be made by the court.

April Hearing Could Set Stage for July Oral Arguments

courthouse pillars in the sun
courthouse pillars in the sun

During the hearing that occurred earlier this month, federal judges heard arguments from the Justice Department and Texas’ solicitor general regarding the controversial federal immigration order. Over the course of this two-hour hearing, most of the judges’ focus was reportedly centered on whether a state has the authority to undo federal immigration policy.

According to the Benjamin Mizer – principal deputy assistant attorney general at the Justice Department, immigration policy is the domain of the federal government, not individual states. As Mizer argued during this April hearing:

If Texas is right, it could challenge an individual’s right to seek asylum… The states do not have standing in the downstream effects of a federal immigration policy.

Countering this argument, Scott Keller, Texas’ solicitor general, contended that the immigration executive action has direct consequences on states like Texas, which will have to carry the costs of schooling, health care, etc. for immigrants who may be granted deportation relief under such action. Keller went on to state:

This is one of the largest changes in immigration policy in the nation’s history… What this is doing is conferring a legal presence

[to those currently residing in the U.S. illegally]… We absolutely have a stake.

What do you think about this ongoing battle over the immigration executive action? Share your thoughts with us on social media.

Los Angeles Immigration Lawyer at the Hanlon Law Group, P.C.

Do you need help resolving any immigration issues? If so, you can turn to a trusted Los Angeles immigration lawyer at the Hanlon Law Group, P.C. For more than 15 years, our lawyers have been successfully representing clients in various types of immigration cases, including those that involve the most basic immigration applications to those associated with extremely complicated federal court litigation.