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U.S. NEWSWednesday 20 January 2016

Election-year clash on immigration heads to US Supreme Court

MARK SHERMAN                   Ingrid Vaca, originally of Bolivia speaks during rally for immigration reform in front of the White                             tion system. The Senate
Associated Press               House in Washington. The Supreme Court has agreed to an election-year review of President                                       did pass legislation on a
WASHINGTON (AP) —              Barack Obama’s executive orders to allow up to 5 million immigrants to “come out of the shad-                                   bipartisan vote, but House
The U.S. Supreme Court         ows” and work legally in the U.S.                                                                                               Republicans refused to put
stepped into a boiling po-                                                                                                                                     the matter to a vote.
litical dispute over immigra-                                                                                                     (AP Photo/Jacquelyn Martin)  Texas quickly led a legal
tion Tuesday, setting up a                                                                                                                                     challenge to Obama’s
likely decision in the middle  can governors, there would     affect the parents of U.S.  in the United States before                                          program on behalf of 26
of a presidential campaign     be roughly seven months        citizens and lawful perma-  they turned 16.                                                      states and has won every
marked by harsh rhetoric       left in his presidency to im-  nent residents, as well as  “We are confident that                                               round in court so far.
about immigrants.              plement plans that would       some people who arrived     the policies will be upheld                                          Most recently, in Novem-
The justices agreed to re-                                                                as lawful,” White House                                              ber, the 5th U.S. Circuit
view whether President                                                                    spokeswoman Brandi Hof-                                              Court of Appeals ruled in
Barack Obama, acting                                                                      fine said after the court’s                                          favor of the states, prompt-
without congressional ap-                                                                 announcement Tuesday.                                                ing the appeal to the Su-
proval, has the power to                                                                  At issue is the Deferred Ac-                                         preme Court.
shield from deportation                                                                   tion for Parents of Ameri-                                           Texas actually asked the
up to 5 million immigrants                                                                cans program, which                                                  Supreme Court not to hear
living in the U.S. illegally                                                              Obama said in late 2014                                              the case challenging those
and make them eligible to                                                                 would allow people who                                               rulings, but state Attorney
work without fear of being                                                                have been in the United                                              General Ken Paxton said
rounded up.                                                                               States more than five years                                          he was pleased the justices
Underscoring the political                                                                and who have children                                                will examine the president’s
dimension, the case will                                                                  who are in the country le-                                           constitutional power to in-
be argued in April and de-                                                                gally to “come out of the                                            tercede without congres-
cided by late June, about                                                                 shadows and get right                                                sional approval.
a month before both politi-                                                               with the law.” He also an-                                           The U.S. solicitor general,
cal parties gather for their                                                              nounced the expansion                                                Donald Verrilli Jr., said in his
nominating conventions.                                                                   of a program that affects                                            Supreme Court filing that
If Obama prevails against                                                                 people who came here il-                                             allowing the lower court
opponents led by Republi-                                                                 legally as children.                                                 rulings to stand would force
                                                                                          That earlier program, De-                                            millions of people “to con-
                                                                                          ferred Action for Childhood                                          tinue to work off the books,
                                                                                          Arrivals, is not being chal-                                         without the option of lawful
                                                                                          lenged and has resulted in                                           employment to provide for
                                                                                          more than 720,000 young                                              their families.”
                                                                                          immigrants being granted                                             The administration said
                                                                                          permission to live and work                                          Texas and the other states
                                                                                          in the United States.                                                don’t even have the right
                                                                                          When he announced the                                                to challenge the plan in
                                                                                          measures 14 months ago,                                              federal court.
                                                                                          Obama said he was acting                                             The lower courts decided
                                                                                          under his own authority be-                                          that Texas does have the
                                                                                          cause Congress had failed                                            right, or standing, to sue
                                                                                          to overhaul the immigra-                                             because at least 500,000
                                                                                                                                                               people living in Texas
                                                                                                                                                               would qualify for work
                                                                                                                                                               permits and thus become
                                                                                                                                                               eligible for driver’s licenses,
                                                                                                                                                               the costs of which are sub-
                                                                                                                                                               sidized by the state. “Texas
                                                                                                                                                               would incur millions of dol-
                                                                                                                                                               lars in costs,” the state said
                                                                                                                                                               in its brief.
                                                                                                                                                               The justices also said they
                                                                                                                                                               would consider whether, if
                                                                                                                                                               the states can pursue their
                                                                                                                                                               lawsuit, Obama exceeded
                                                                                                                                                               his authority under federal
                                                                                                                                                               laws and the Constitution.
                                                                                                                                                               Some court observers saw
                                                                                                                                                               in the court’s decision to
                                                                                                                                                               look at Obama’s power
                                                                                                                                                               under the Constitution a
                                                                                                                                                               potentially ominous sign. q
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