Tags: Barack Obama | Immigration | Supreme Court | SCOTUS | Immigration | Ruling | Threatens

Politico: SCOTUS Immigration Ruling Threatens DREAMers

Image: Politico: SCOTUS Immigration Ruling Threatens DREAMers
Rosario Reyes, an undocumented mother from El Salvador, reacts to news on a Supreme Court decision blocking Obama's immigration plan on June 23, 2016 in Washington, DC.  (Photo by Allison Shelley/Getty Images)

By    |   Thursday, 23 Jun 2016 08:13 PM

The Supreme Court stalemate on President Barack Obama's ambitious immigration policy could ultimately shut down his original 2012 program to benefit so-called DREAMers, Politico reports.

Legal experts warn there's nothing to stop officials in Texas and other nearby states from trying to block or unwind the Deferred Action for Childhood Arrivals, or DACA, using a combination of the Supreme Court impasse and lower court precedents.

One challenge could come in the  Brownsville, Texas courtroom of U.S. District Court Judge Andrew Hanen, who last year issued an injunction forbidding the Obama administration from expanding the Deferred Action for Parents of Americans, or DAPA, Politico reports.

"This decision clearly opens the door to a new lawsuit challenging DACA," Washington University law professor Stephen Legomsky tells Politico. "If they bring the action in Judge Hanen's court, there is a good chance he will issue another preliminary injunction."

Santa Clara University law professor Deep Gulasekaram tells Politico that "technically," DACA wasn't part of the challenge to Obama's most recent and larger immigration plan.

"But the legal claim being made here is one that could have been applied to DACA," he said. "The ruling from the 5th Circuit that states can bring these cases to federal court is going to embolden other challenges.

"You could easily see a possible challenge to DACA on this same, exact basis, using states as a proxy for making the claim that the executive is doing Congress' work."

According to Politico, nearly 730,000 people, as of March, were approved for "deferred action" status under DACA and more than half a million of those recently renewed their status for another two years.

When Texas and other states moved against Obama's second program, DAPA, before it launched, they appeared to deliberately avoid targeting the original program.

"At this point, we're focused on this case and DAPA. What we do in the future, I don't know," Texas Attorney General Ken Paxton tells Politico.

But DACA might not be the only vulnerable initiative.

A lawyer formerly in Obama's White House counsel's office, Michael Gottlieb, tells Politico the Supreme Court's impasse could potentially open up challenges to all kinds of deferred action programs under prior presidents.

"While the legal principles behind all those are jeopardized by the decision today, those actions themselves are not necessarily rescinded," said Gottlieb.

"There are definitely some people cooking up options at the Justice Department right now to figure out if there's any way of salvaging this...There may well be procedural obstacles to challenging the older programs."

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The Supreme Court stalemate on President Barack Obama's ambitious immigration policy could ultimately shut down his original 2012 program to benefit so-called DREAMers, Politico reports.
SCOTUS, Immigration, Ruling, Threatens, DACA, Dreamers
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2016-13-23
Thursday, 23 Jun 2016 08:13 PM
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