U.S. Supreme Court

Supreme Court to review Obama's executive action on immigration

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President Barack Obama. Frederic Legrand - COMEO / Shutterstock.com

The U.S. Supreme Court on Tuesday agreed to review President Obama’s deferred deportation program.

The court will likely decide the case before its summer recess. A favorable ruling for the administration would give Obama a chance to implement the program before he leaves office, the Washington Post reports. The New York Times and SCOTUSblog also have coverage.

Obama’s November 2014 executive action on immigration offered deferred deportation and work permits to immigrants who had lived here at least five years and were the parents of U.S. citizens or legal permanent residents. The program also expanded deportation deferrals for immigrants here illegally who came to the United States as children.

Twenty-six states challenging the program argue that the executive branch has the discretion to defer deportation on an individual basis, but not to grant a “lawful presence” to immigrants on a widespread basis.

The New Orleans-based 5th U.S. Circuit Court of Appeals had blocked the program in November. The appeals court said at least one state had standing to sue, and the challenge to the program had a substantial likelihood of success on the merits.

The appeals court said the federal government did not follow administrative requirements and did not have the authority to act.

The case is United States v. Texas. The government’s cert petition is here (PDF).

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