A lawsuit brought against the Obama administration by 26 states produced a ruling stating that President Obama’s executive authority did not override the authority of Congress. The presiding judge likened the president’s initiatives to a genie in a bottle and criticized the Obama administration for not opening the programs to public input or commentary prior to the attempt at implementation.
The Obama administration plans to request a stay of the ruling through the U.S. Department of Justice. A key program in the immigration reform plan, Deferred Action for Childhood Arrivals, was slated for expansion and broader outreach to immigrants brought to the U.S. unlawfully as children. Another, Deferred Action for Parents of Americans and Lawful Permanent Residents, was to begin taking applications as early as May. Critics of the programs note that children brought to the U.S. illegally are often placed with relatives living in the U.S., regardless of immigration status.
Despite the ruling, Obama has indicated that his administration intends to proceed with plans to implement DACA and DAPA pending the outcome of an appeal filed in the Fifth Circuit Court in New Orleans. Roughly 675,000 child immigrants as well as a total of over 4,000,000 immigrants might be affected by the case.
In immigration defense cases, an attorney might begin by examining the circumstances under which a client came to the U.S. and applicable case law. In some cases, the attorney may be able to apply for amnesty, an extended resident visa or full citizenship depending upon the facts of the case. The attorney might also be called upon to assist the client in fighting deportation and pleading the client’s case in open court proceedings.
Source: 12 News Now, “Key issues in the states’ lawsuit over immigration,” Alicia A. Caldwell, Feb. 18, 2015