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Supreme Court DAPA/DACA Decision Does NOT Require Mass Deportation. Roger Algase

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Today's (June 23) Supreme Court 4-4 one sentence deadlock decision which resulted in affirming the US Court of Appeals Fifth Circuit decision in United States v. Texas to uphold the District Court's injunction against implementation of President Obama's DAPA/Expanded DACA program has already unleashed what will no doubt be a storm of chest-pounding, self-congratulatory messages on the restrictionist side, and anguished hand-wringing over the "devastating" defeat to the immigrant community by the pro-immigration side.

The reality is that nothing in today's decision, or in the lower court's injunction, affects the power of the Obama administration to determine its own immigration enforcement priorities. The injunction only prevents the executive branch from granting work permits or other affirmative benefits under these two programs.

The Fifth Circuit's decision, which was upheld by today's deadlock, states:

"As shown above, neither the preliminary injunction nor compliance with the APA requires the [DHS] Secretary to prosecute deportable aliens or change his enforcement priorities."

Whether the courts have any business at all in deciding issues relating to executive branch decisions concerning immigration enforcement, under the long standing "plenary power" doctrine, is a different question, which was discussed at length in the Fifth Circuit's dissent by Judge Higginson.

This is not to mention the "Trumped-up" (no pun intended!) claim of injury because of driver's license costs as a pretext for asserting "standing" by the states to bring the action in the first place.

Immigration advocates, and all fair minded Americans, will look forward to the day when a more enlightened Congress and Supreme Court, better attuned to 21st century demographics in a racially diverse, multicultural America, will finally eliminate the threat of mass deportation of minority immigrants from American society; and when this racially motivated, highly political lawsuit by the plaintiff states, which goes far beyond the term "mean-spirited", and the lower court decisions upholding this lawsuit, will assume their rightful place in the dustbin of American history.

Roger Algase
Attorney at Law

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Updated 06-23-2016 at 04:10 PM by ImmigrationLawBlogs

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Comments

  1. Avellinox's Avatar
    Smoke and mirrors...that's exactly what Obama gave to those undocumented aliens with the ridiculous "Executive Actions" on immigration.

    November 20th, 2014 should be remembered as the day in which a fraudulent president sold false expectations to millions of people in America.
  2. ImmigrationLawBlogs's Avatar
    "Smoke and mirrors" might be a better description of the reasoning which the two lower courts used to uphold this lawsuit, including but not limited to the claim of Texas and the other plaintiff states that they had standing and that there was a "legitimate" state interest involved (other than the "interest" of keeping the plaintiff states as white as possible for as long as possible).

    Roger Algase
    Attorney at Law
  3. Avellinox's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    "Smoke and mirrors" might be a better description of the reasoning which the two lower courts used to uphold this lawsuit, including but not limited to the claim of Texas and the other plaintiff states that they had standing and that there was a "legitimate" state interest involved (other than the "interest" of keeping the plaintiff states as white as possible for as long as possible).

    Roger Algase
    Attorney at Law
    A true statesman would have carefully examined all legal avenues available while securing that his immigration directives would NOT be subject to a judicial review (not in vain he has a counseling team at his disposition)...Obama surely did not act like a real statesman since he opted not to issue a non reviewable EXECUTIVE ORDER on immigration, simply because his goal was to sell smoke and mirrors to the undocumented population.

    The core problem is that the majority of Americans are utterly ignorant (for not calling them a bunch of stupid animals) on their own legal system...ask anyone who is not versed in legal matters what's the difference between an Executive Order and an Administrative Action: most people in the US still believe today that Obama issued Executive Orders on immigration back in November of 2014 (stupidity and ignorance at their best, reaffirmed by mainstream media).
  4. Berg's Avatar
    Excellent article written by David Leopold:
    "...The 4?4 split among the 8 justices in U.S. v Texas means, legally, that the Court did not make a decision. Anyone who imputes some constitutional principle from it, like Texas Attorney General Ken Paxton, Speaker Paul Ryan and many of their fellow Republicans, either doesn?t understand the Constitution and the Courts or is just willfully misleading everyone ? or both..."

    On DAPA and DACA+, It?s Not Over
    https://medium.com/@DavidLeopold/on-dapa-and-daca-its-not-over-cd45e9486fe8#.if2vrn3hg
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