The Supreme Court of the U.S. (SCOTUS) has recently announced that it will be taking up the controversial case associated with the executive action on immigration.
The action in question has been the center of a controversial court case for nearly a year, as some states have contended that President Barack Obama overstepped his authority in issuing the action that would authorize as many as 5 million undocumented immigrants in the U.S. to apply for work permits and other benefits.
According to the latest reports, SCOTUS is planning on reviewing this case in Spring 2016.
Background on the Executive Action on Immigration: How the Case Got to SCOTUS
In November 2014, President Obama issued the executive action on immigration in order to “crack down on illegal immigration” and to “prioritize deporting felons, not families,” as USCIS has explained.
In February 2015, the day before this action as to take effect, however, a Texas judge – Judge Andrew S. Hanen – issued an injunction to stop this action from proceeding, arguing that the action was illegal and breached the scope of the President’s authority. As part of this injunction, Judge Hanen explained that the executive action would result in enormous costs for states (including in issuing driver’s licenses, etc.) and that the action undermines the will and authority of Congress.
In November 2015, the 5th U.S. Circuit Court of Appeals in New Orleans upheld this injunction in a 2-1 vote. Within the week following this ruling, the Obama Administration, backed by the U.S. Department of Justice, requested that SCOTUS take up and review the case.
SCOTUS Makes Special Request in Accepting the Case
While many expected SCOTUS to agree to review this controversial, highly political case on immigration, in agreeing to take on this case, SCOTUS did something that it usually does not do. It specifically requested that each involved party address whether the immigration executive actions violate the U.S. Constitution’s Take Care Clause.
Asking the parties to address this issue in their briefs, this request seems to indicate that SCOTUS is concerned about addressing the fundamental issue of the separation of powers between the executive and legislative branches of the U.S. government.
Commenting on the significance of this case – and SCOTUS agreeing to review and rule on it, Karen Tumlin of the National Immigration Law Center has stated:
Millions of families have waited nearly a year for these programs to take effect… They will now get a full day in court as the nation’s highest court hears this case of tremendous moral and legal importance.
As more news about this immigration case becomes available, we will report the latest updates to you here, in a future blog.
Until then, share your comments and opinions about this case with us on Facebook & Google+.
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