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SCOTUS to examine Obama's executive action on immigration

The Supreme Court of the United States made headlines yesterday by granting certiorari in U.S. v. Texas, a highly controversial and extremely important case that will examine the constitutionality of President Obama's recent executive actions on immigration.

The case centers around the Deferred Action for Parents of Americans and Lawful Permanent Residents program, which the president introduced via executive order back in 2014 as an extension of a 2012 program that granted deportation relief to those undocumented immigrants brought to the U.S. as children. 

Specifically, DAPA would extend similar deportation relief and access to certain federal benefits to over 4 million adults whose children are either U.S. citizens or lawful permanent residents.   

Almost immediately, DAPA was challenged by officials in 26 states, all of whom argued that in attempting to bypass a Congress that was otherwise unreceptive to immigration reform, President Obama exceeded the scope of his presidential powers.

Matters came to a head in February 2015 when a federal court in Texas ruled that the president had indeed acted outside the scope of his authority by acting unilaterally in an area that fell solely within the purview of Congress, and ordered implementation of DAPA brought to a grinding halt.

This decision was recently upheld by the New Orleans-based 5th U.S. Circuit Court of Appeals in November.

SCOTUS will be called upon to decide a host of issues in the case, including whether the 26 states had standing to sue the U.S. government. However, in a somewhat curious move, the justices also added their own issue to the case, asking whether President Obama's actions violated a constitutional provision mandating that the president "take care that the laws be faithfully executed."

Oral arguments in the politically divisive case are scheduled for April and a decision will be handed down in June, meaning it will likely emerge as major talking point in the home stretch of the 2016 presidential election.   

Stay tuned for updates …

Please consider speaking with an experienced legal professional as soon as possible if you have questions or concerns regarding any immigration law matter.

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