{"id":145128,"date":"2016-04-18T08:30:31","date_gmt":"2016-04-18T14:30:31","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=145128"},"modified":"2016-04-18T08:30:31","modified_gmt":"2016-04-18T14:30:31","slug":"texas-to-make-its-case-in-supreme-court-against-immigration-action","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2016\/04\/texas-to-make-its-case-in-supreme-court-against-immigration-action\/","title":{"rendered":"Texas to make its case in Supreme Court against immigration action"},"content":{"rendered":"<p>Attorneys for the state of Texas have said more than once that their efforts to stop President Obama\u2019s executive action on immigration isn\u2019t about deportations or specific immigration policy.<\/p>\n<div id=\"attachment_145130\"  class=\"wp-caption module image alignleft\" style=\"max-width: 336px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-145130\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/04\/SCOTUSTT_jpg_800x1000_q100-336x224.jpg\" alt=\"The U.S. Supreme Court building in Washington, D.C.\" width=\"336\" height=\"224\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/04\/SCOTUSTT_jpg_800x1000_q100-336x224.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/04\/SCOTUSTT_jpg_800x1000_q100-768x513.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/04\/SCOTUSTT_jpg_800x1000_q100-771x515.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/04\/SCOTUSTT_jpg_800x1000_q100.jpg 800w\" sizes=\"auto, (max-width: 336px) 100vw, 336px\" \/><p class=\"wp-media-credit\">Abby Livingston \/ The Texas Tribune<\/p><p class=\"wp-caption-text\">The U.S. Supreme Court building in Washington, D.C.<\/p><\/div>\n<p>Instead, they\u2019ve argued, it\u2019s about the rule of law, preserving the U.S. Constitution and preventing presidential overreach.<\/p>\n<p>That\u2019s provided little solace to the millions who would have benefited from the program that, announced in November 2014, is known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA. It would shield nearly 5 million undocumented immigrants in the country from deportation proceedings and allow them to apply for a three-year work permit.<\/p>\n<p>On Monday, the state will argue before the U.S. Supreme Court in the last legal battle over the program. Lower courts have already ruled to stop the program three times. That happened after Gov. <a href=\"http:\/\/www.texastribune.org\/directory\/greg-abbott\/\" target=\"_blank\">Greg Abbott<\/a>, in his former role as the state\u2019s attorney general, sued to stop the program. Twenty-five states eventually joined the case.<\/p>\n<p>In 2015, U.S. District Court Judge Andrew Hanen of Brownsville ruled the Obama administration didn\u2019t comply with the federal government\u2019s\u00a0<a href=\"http:\/\/www.archives.gov\/federal-register\/laws\/administrative-procedure\/\" target=\"_blank\">Administrative Procedure Act<\/a>, which\u00a0governs how federal regulations are made. A Nov. 9\u00a0<a href=\"http:\/\/www.texastribune.org\/2015\/11\/09\/fifth-court-strikes-down-immigration-program\/\" target=\"_blank\">decision<\/a>\u00a0by the U.S. 5th Circuit Court of Appeals\u00a0upheld Hanen&#8217;s decision.<\/p>\n<p>The state is confident it will remain undefeated after the high court issues its ruling, which will probably come in June.<\/p>\n<p>\u201cAttorney General [Ken] Paxton looks forward to taking this case before the Supreme Court &#8230; on behalf of 26 states united against the president\u2019s unlawful immigration action,\u201d attorney general spokeswoman Cynthia Meyer said.<\/p>\n<p>But the death of conservative Justice Antonin Scalia means this case will be watched with added intrigue. A 4-4 split means the lower court\u2019s rulings are upheld and Obama loses. But a swing vote could mean that potential beneficiaries of the program have six months left to apply.<\/p>\n<p>Here\u2019s a look back at the actions and decisions affecting the case:<\/p>\n<h3 class=\"date-head\">Nov. 20, 2014<\/h3>\n<p>President Obama <a href=\"https:\/\/www.texastribune.org\/2014\/11\/20\/immigration-plan-could-affect-tens-thousands-texas\/\" target=\"_blank\">announces his executive action<\/a> on immigration called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA. The program would allow nearly 5 million undocumented immigrants to apply for a reprieve from deportation proceedings if they pass background checks, pay taxes and have been in the country for more than five years, the White House announces. It is scheduled to take effect in February 2015.<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This article originally appeared in <a href=\"https:\/\/www.texastribune.org\/2016\/04\/18\/texas-makes-its-final-plea-keep-immigration-action\/\" target=\"_blank\">The Texas Tribune<\/a>,\u00a0a nonpartisan, nonprofit media organization that informs Texans and engages with them about public policy, politics, government and statewide issues.<\/p>\n<\/aside>\n<p>The administration also announces an expanded version of the 2012 program known as DACA, of Deferred Action for Childhood Arrivals. That program provides younger undocumented immigrants a work permit and a\u00a0two-year reprieve from deportation proceedings.<\/p>\n<p>The new version expands the reprieve and work-permit validity to three years and broadens the pool of eligible applicants.<\/p>\n<p>Republicans, including then-Attorney General Greg Abbott, <a href=\"https:\/\/www.texastribune.org\/2014\/11\/21\/abbott-obamas-order-violates-constitutional-provis\/\" target=\"_blank\">threaten<\/a> to sue to stop the program, saying that Obama is overstepping his authority.<\/p>\n<h3 class=\"date-head\">Dec. 3, 2014<\/h3>\n<p>Attorney General and Gov. Elect-Abbott <a href=\"https:\/\/www.texastribune.org\/2014\/12\/03\/greg-abbott-sues-over-executive-action-immigration\/#most_commented\" target=\"_blank\">makes good on his promise to sue the administration<\/a> and halt the DACA and DAPA programs. Sixteen other states sign on to the litigation.<\/p>\n<p>\u201cThe president\u2019s executive order and actions of federal agencies to implement the executive order directly violate a promise to the American people,\u201d Abbott says.<\/p>\n<h3 class=\"date-head\">Jan. 15, 2015<\/h3>\n<p><!--more--><\/p>\n<p>Brownsville-based U.S. District Judge Andrew Hanen <a href=\"https:\/\/www.texastribune.org\/2015\/01\/15\/challenge-obamas-immigration-move-faces-first-test\/\" target=\"_blank\">hears arguments in the case<\/a>. In the lawsuit, Abbott accuses Obama of\u00a0<a href=\"http:\/\/www.texastribune.org\/2014\/11\/21\/abbott-obamas-order-violates-constitutional-provis\/\" target=\"_blank\">violating<\/a>\u00a0a provision of the U.S. Constitution\u00a0giving\u00a0Congress jurisdiction over immigration issues.<\/p>\n<p>Abbott also said the action violates what is called the \u201ctake care\u201d clause, which\u00a0\u201crequires the president to take care to execute the laws and clearly prevents this type of action the president is trying to undertake.\u201d<\/p>\n<p>Newly sworn-in Attorney General Ken Paxton has taken over the case.<\/p>\n<p>Supporters of the immigration plan accuse Abbott and the state\u2019s GOP leadership of shopping for a judge who might side with the state, and cite <a href=\"http:\/\/www.bloomberg.com\/news\/articles\/2014-12-24\/obama-immigration-policy-critic-to-decide-states-lawsuit-1-\" target=\"_blank\">remarks made by Hanen in 2013<\/a>, in which he said the Obama administration failed to uphold the rule of law.<\/p>\n<h3 class=\"date-head\">Feb. 16, 2015<\/h3>\n<p>One day before DAPA and the expanded DACA is scheduled to go into effect, Judge Hanen <a href=\"https:\/\/www.texastribune.org\/2015\/02\/16\/executive-action-immigration-ruling\/\" target=\"_blank\">stops the program<\/a> after ruling the Obama administration did not &#8220;comply with the Administrative Procedure Act,&#8221; which governs the way regulations are made and how much input the public has.<\/p>\n<p>Hanen agreed with the state\u2019s Republicans that Texas would suffer irreparable harm if the program was allowed to go forward.<\/p>\n<p>\u201cHaving found that at least one plaintiff, Texas, stands to suffer direct damage from the implementation of [Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)], this court finds that there is requisite standing necessary for pursuit of this case,\u201d Hanen wrote.<\/p>\n<p>Added Paxton: &#8220;This decision is a victory for the rule of law in America and a crucial first step in reining in President Obama&#8217;s lawlessness.\u201d<\/p>\n<h3 class=\"date-head\">Feb. 20, 2015<\/h3>\n<p>The Obama administration <a href=\"https:\/\/www.texastribune.org\/2015\/02\/20\/white-house-will-ask-court-let-immigration-plan-mo\/\" target=\"_blank\">asks Hanen to stay his own order<\/a> while the case proceeds through the courts. It is optimistic it can prevail on appeal, citing that Hanen didn\u2019t rule on the Constitutionality of the order but instead on the process by which is was pushed through.<\/p>\n<p>Paxton seems just as confident.<\/p>\n<p>\u201cI will vigorously defend the United States Constitution, as Texas and our fellow states continue to fight back against the aggressive overreach of this lawless administration,\u201d he says in a statement.<\/p>\n<p>The number of states backing Texas has grown to 25.<\/p>\n<h3 class=\"date-head\">Feb. 23, 2015<\/h3>\n<p>The White House <a href=\"https:\/\/www.texastribune.org\/2015\/02\/23\/appeal-sets-round-2-immigration-battle\/\" target=\"_blank\">asks a federal appellate court to reverse<\/a> Hanen\u2019s order, arguing the ruling was without merit\u00a0because immigration policies fall under the federal government&#8217;s purview.<\/p>\n<p>The state of Texas asks Hanen to reject the administration\u2019s plea to let the program start while the case plays out in courts. Attorneys for the state argue that the federal government has no immediate need to begin the program.<\/p>\n<h3 class=\"date-head\">March 5, 2015<\/h3>\n<p>In legal filings, the state of Texas <a href=\"https:\/\/www.texastribune.org\/2015\/03\/05\/state-leaders-say-obama-administration-may-have-mi\/\" target=\"_blank\">accuses the administration of misleading the court<\/a> about issuing work permits.<\/p>\n<p>According to the filings, about 100,000 three-year deferred action permits were issued Nov. 24 and Feb. 16. by U.S. Citizen and Immigration Services.<\/p>\n<h3 class=\"date-head\">March 12, 2015<\/h3>\n<p>The U.S. Department of Justice <a href=\"https:\/\/www.texastribune.org\/2015\/03\/12\/obama-administration-ask-appeals-court-let-immigra\/\" target=\"_blank\">files an emergency motion asking the U.S. 5th Circuit Court of Appeals<\/a> to do what Hanen hasn\u2019t yet \u2014 lift the injunction on the program while the issue meanders through the judicial system.<\/p>\n<p>The administration reiterates its argument that immigration is a federal issue and that the states have no standing. It also argues that preventing the program from moving forward will interfere with other immigration-enforcement operations that are essential to the country\u2019s security.<\/p>\n<h3 class=\"date-head\">April 7, 2015<\/h3>\n<p>Hanen officially <a href=\"https:\/\/www.texastribune.org\/2015\/04\/07\/texas-judge-denies-obamas-request-let-immigration-\/\" target=\"_blank\">rejects The White House\u2019s request<\/a> to lift his own order. Hanen\u2019s ruling says his initial rejection of the program was the right move.<\/p>\n<p>\u201cHaving considered the positions of all parties and the applicable law, this court remains convinced that its original findings and rulings in the Order of Temporary Injunction and Memorandum Opinion and Order issued on Feb. 16, 2015 &#8230; were correct,\u201d he wrote in a 15-page opinion.<\/p>\n<h3 class=\"date-head\">April 17, 2015<\/h3>\n<p>A three-judge panel of the 5th Circuit Court of Appeals in New Orleans <a href=\"https:\/\/www.texastribune.org\/2015\/04\/17\/fate-immigration-order-rests-appellate-judges-hand\/\" target=\"_blank\">hears more than two hours of arguments<\/a> as federal attorneys\u00a0try to persuade the panel to side with the president and lift Hanen\u2019s injunction.<\/p>\n<p>\u201cThis suit is unprecedented because in no case have the states been found to have standing because they have no judicially cognizable interest in who is prosecuted under the immigration laws,\u201d argued Deputy Assistant Attorney General Benjamin Mizer.<\/p>\n<p>The state sticks to its talking points and tells the panel Obama overstepped its bounds. Texas Solicitor General Scott Keller expresses confidence afterward that the judges will see the state\u2019s arguments as valid.<\/p>\n<h3 class=\"date-head\">May 26, 2015<\/h3>\n<p>The Fifth Circuit <a href=\"https:\/\/www.texastribune.org\/2015\/05\/26\/fifth-circuit-panel-denies-obamas-immigration-prog\/\" target=\"_blank\">hands Texas a win and keeps the program on hold<\/a>. Abbott says that a \u201cvictory for the Constitution has been awarded and the Rule of Law restored.\u201d<\/p>\n<p>The Obama administration mulls over its options as proponents of the program grow nervous that time is running out. The 2016 presidential elections are near and, even if the program is eventually allowed to be implemented, some fear participation will be low because of uncertainty about who will be in the White House in 2017.<\/p>\n<p>The administration can ask the entire 5th Circuit Court of Appeals in New Orleans to hear the case or can file an appeal to the U.S. Supreme Court. Either way, the clock is ticking.<\/p>\n<h3 class=\"date-head\">July 11, 2015<\/h3>\n<p>The case is <a href=\"https:\/\/www.texastribune.org\/2015\/07\/10\/state-hopes-stay-undefeated-against-obama-immigrat\/\" target=\"_blank\">back at the 5th Circuit Court of Appeals<\/a> as the state\u2019s attorneys argue against the administration\u2019s attempt to reverse Hanen\u2019s order. Because they were victorious at the appellate level the first time when they fought against lifting the measure as the case played out, the state\u2019s lawyers are confident they will prevail again.<\/p>\n<h3 class=\"date-head\">Nov. 9, 2015<\/h3>\n<p>The state remains undefeated after the 5th Circuit Court of Appeals <a href=\"https:\/\/www.texastribune.org\/2015\/11\/09\/fifth-court-strikes-down-immigration-program\/\" target=\"_blank\">again denies the White House from implementing the program<\/a>.<\/p>\n<p>Supporters and opponents of the program realize a showdown at the U.S. Supreme Court is probably the next step.<\/p>\n<h3 class=\"date-head\">Nov. 20, 2015<\/h3>\n<p>The Obama administration <a href=\"https:\/\/www.texastribune.org\/2015\/11\/20\/white-house-asks-scotus-review-immigration-case\/\" target=\"_blank\">officially asks the U.S. Supreme Court to review the case<\/a> and reject the 5th Circuit Court\u2019s ruling. The request comes exactly one year after the president announced the action.<\/p>\n<p>The previous rulings in New Orleans were 2-1, which the administration says warrants further review of the case.<\/p>\n<p>\u201cThe court of appeals\u2019 judgment enjoins nationwide a federal policy of great importance to federal law enforcement, to many States, and to millions of families with longstanding and close connections with this country,\u201d The U.S. Justice Department\u2019s filing states. \u201cA twice-divided court of appeals should not have the last word on whether that policy can be implemented.&#8221;<\/p>\n<h3 class=\"date-head\">Nov. 23, 2015<\/h3>\n<p>The office of the Texas attorney general <a href=\"https:\/\/www.texastribune.org\/2015\/11\/23\/state-asks-scotus-more-time-respond-dapa-filing\/\" target=\"_blank\">asks the high court for a 30-day extension to file its response<\/a> in opposition to the White House\u2019s request for a review.<\/p>\n<p>Texas Solicitor General Scott Keller says the state has \u201cnumerous pressing deadlines in other cases.&#8221;<\/p>\n<p>In its <a href=\"https:\/\/www.texastribune.org\/2015\/11\/24\/doj-urges-supreme-court-deny-states-request-extens\/\" target=\"_blank\">response<\/a>, the federal government says it\u2019s open to an eight-day extension, but not the monthlong delay the state\u2019s attorneys are asking for.<\/p>\n<h3 class=\"date-head\">Dec. 1, 2015<\/h3>\n<p>The state\u2019s <a href=\"https:\/\/www.texastribune.org\/2015\/12\/01\/texas-denied-30-day-request-respond-obamas-immigra\/\" target=\"_blank\">30-day extension is rejected, but it\u2019s given eight more days to respond<\/a>. On the surface, the 22-day difference seems minor. But the more time the state takes to respond, the greater the chances the case won\u2019t be heard in 2016, which would effectively kill the measure before the president leaves office.<\/p>\n<h3 class=\"date-head\">Jan. 19, 2016<\/h3>\n<p>The <a href=\"https:\/\/www.texastribune.org\/2016\/01\/19\/supreme-court-consider-obamas-immigration-program\/\" target=\"_blank\">U.S. Supreme Court decides to hear the case<\/a>. Paxton said the decision reflects the high court is interested in upholding the rule of law.<\/p>\n<p>\u201cIn deciding to hear this case, the Supreme Court recognizes the importance of the separation of powers,\u201d Paxton said. \u201cAs federal courts have already ruled three times, there are limits to the president\u2019s authority.\u201d<\/p>\n<h3 class=\"date-head\">Feb. 3, 2016<\/h3>\n<p>In an interview with The Texas Tribune, <a href=\"https:\/\/www.texastribune.org\/2016\/02\/03\/ags-office-confident-it-prepares-dapa-case-us-supr\/\" target=\"_blank\">Texas Solicitor General Scott Keller and First Assistant Attorney General Chip Roy, explain the state\u2019s strategy<\/a>. The case isn\u2019t about immigration or deportations, they argue. Instead it\u2019s about the separation of powers and the limits of presidential overreach.<\/p>\n<p>\u201cOur lawsuit doesn\u2019t impact the executive\u2019s ability to exercise prosecutorial discretion,\u201d Keller says. \u201cOur injunction doesn\u2019t require the executive to remove anyone, it doesn\u2019t require it not to remove anyone, and it doesn\u2019t interfere with removal priorities. What it\u2019s about is the affirmative granting of lawful presence and lawful eligibility.\u201d<\/p>\n<h3 class=\"date-head\">Feb. 13, 2016<\/h3>\n<p>While on a brief vacation at a West Texas ranch, U.S. Supreme Court Antonin Scalia suffers a fatal heart attack. <a href=\"https:\/\/www.texastribune.org\/2016\/02\/13\/texas-conservatives-lose-reliable-friend-high-cour\/\" target=\"_blank\">The unexpected vacancy on the high court leaves open the possibility<\/a> the court will be split when it renders an opinion on the president\u2019s immigration program. If that\u2019s the case, Obama loses and Abbott\/Paxton win as the lower courts\u2019 rulings will be the ones to stand.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Almost a year and a half after President Obama announced his executive action on immigration, the U.S. Supreme Court is set to hear arguments Monday over the program.<\/p>\n","protected":false},"author":1,"featured_media":145130,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[140,2260,116],"class_list":["post-145128","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-border-and-immigration","tag-texas","tag-washington"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/145128","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=145128"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/145128\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/145130"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=145128"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=145128"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=145128"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}