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Friday 24 June 2016

Supreme Court Deadlocks On Immigration, Leaving Obama's Deportation Relief Plan In Limbo



WASHINGTON -- The Supreme Court couldn't reach a majority for or against President Barack Obama's plan to defer deportation for millions Thursday, effectively leaving his executive actions on hold and undocumented immigrants in limbo.
The split decision means a lower court ruling that effectively blocked the program will stand, and no national precedent will be set as to whether the president acted within the law when he announced them in November 2014.

The case, United States v. Texas, stood to test the limits of executive power in the face of congressional inaction on immigration -- a chance for Obama to prove that he, like his predecessors, had the authority to help millions of undocumented immigrants who want to live here without fear of deportation.
On that issue, the justices had sent an ominous sign to the president when they first agreed to hear the case, asking the Obama administration and the 26 states challenging it to explain whether the deportation relief plan violated the Constitution.
No lower court had previously addressed that question, leading to the speculation that a conservative majority on the Supreme Court had every intention of turning the dispute into a constitutional showdown -- perhaps to send a message to Obama about the separation of powers in his last year in office.
But the unexpected death of Justice Antonin Scalia in February changed the landscape, and a diminished court had to hear the case just as the political branches were facing off over the confirmation of who would replace him on the bench.
That may explain why the justices largely skirted the constitutional issue at oral arguments, focusing instead on more technical legal matters, such as the meaning of "lawful presence" in immigration law and the doctrine of standing -- or Texas' ability to claim injury and sue over a policy area where Congress has given the executive branch broad latitude.
Obama relied on that latitude when he announced the centerpiece of his ambitious immigration plan, Deferred Action for Parents of Americans and Lawful Permanent Residents -- or DAPA -- which promised to grant a reprieve of deportation and work authorization to parents of U.S. citizens and others who are lawfully in the country.
Obama relied on that latitude when he announced the centerpiece of his ambitious immigration plan, Deferred Action for Parents of Americans and Lawful Permanent Residents -- or DAPA -- which promised to grant a reprieve of deportation and work authorization to parents of U.S. citizens and others who are lawfully in the country.
U.S. District Judge Andrew Hanen, the George W. Bush appointee who was assigned the case, turned out to be precisely that and then some: He not only issued a nationwide injunction that put the brakes on Obama's plan, but has also ruled sweepingly against the administration on issues of ethics that have left the Department of Justice and thousands of undocumented immigrants on edge.
The 4-4 decision that maintains the status quo will likely increase tension during an election season in which people are already energized on both sides of the debate over whether to use executive authority to act on immigration.

Culled from HuffPost

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