DAPA & DACA

On Nov 20, 2014, the President issued two executive orders: DACA2 & DAPA programs. Texas and 25 other states filed an action to block both programs. See Texas v. United States. That judge issued an #injunction that halted both programs. United States took an appeal to the 5th Circuit Court of Appeal. The 5th Cir. Affirmed the lower court’s ruling. The United States took another appeal to the U. S. Supreme Court. If the Supreme Court (SC) does not take up the issue, the decision at the 5th Circuit stands. It is widely believe that the SC will grant United States Cert. First, it is very likely that the decision will open the flood gates of litigation for States to sue the federal government. Second, immigration (naturalization) is exclusive to the federal government and maybe the States went too far. Third, it is an issue that affects a lot of people and it is of national interest. Fourth, a lot of people are asking the SC to take up the matter and render a favorable ruling for United States. Finally, previous presidents have issued Executive Orders relating to immigration and other matters.  The #injunction was issued because the Brownsville court felt that the States had #standing to sue the federal government in this matter. Standing is telling the court that is that the power to hear the case. In the case at bar, Texas claims that it would have to issue driver’s licenses etc that would increase the states costs, so it has standing. If SC finds it does not have standing, the case will be won by United States.  SC could decide that it has standing, but also rule that the executive orders are constitutional. Whatever the outcome, SC’s decision is final. Please not that DACA1 issued on June 15, 2012 is still available and those who qualify should apply and renew if you qualify. Marcus Jarvis, Attorney at Law  www.m-jlawltd.com 1-(763) 425 5447