On February 18, the New York Analysis of Policy and Government noted:
“Has the Obama Administration decided to unilaterally, without the involvement of Congress, change the immigration law of the United States… In a report entitled ‘Immigration Handbook for the New Republican Majority’ outlining how Congress should respond to White House actions, Senator Sessions has accused the Obama Administration of acting unilaterally and in defiance of the Constitution. ‘President Obama has declared null and void the sovereign immigration laws of the United States in order to implement immigration measures the Congress has repeatedly and explicitly rejected. His order grants five million illegal immigrants work permits, Social Security, Medicare, and free tax credits—taking jobs and benefits directly from struggling American workers. U.S. citizens have been stripped of their protections they are entitled to under law…”
The issue is moving closer to a U.S. Supreme Court hearing. The Courthouse News Service reported on March 29 that the U.S. Supreme Court is set to hear arguments on April 18 on the Deferred Action for Parents of Americans, or DAPA, plan, an executive action that Mr. Obama announced in November 2014, which was enjoined by the Fifth Circuit. Texas, and 25 other states, submitted the brief to the Supreme Court, noting that the DAPA’s immigration regarding the non-deportation of illegals violates the law, and constitutes an overreach of executive power.
SCOTUS Blog reports “While the twenty-six states challenging the initiatives concede that the secretary of Homeland Security has unreviewable discretion to set immigration enforcement priorities (which the Supreme Court affirmed most recently in Arizona v. United States), they contend that the Obama administration has attempted to ‘effectively rewrite the laws’ through this particular use of its discretion. In particular, they argue that the Obama administration has exceeded the bounds of its authority on the basis that beneficiaries of DAPA and expanded DACA would be lawfully present and eligible for employment authorization while these initiatives are in effect.”
The American Immigration Council supports the concept that the President’s action is acceptable under “prosecutorial discretion,” and describes the program as follows:
“The Deferred Action for Parental Accountability (DAPA) is a prosecutorial discretion program administered by USCISthat provides temporary relief from deportation (called deferred action) and work authorization to unauthorized parents of U.S. citizens or Lawful Permanent Residents (LPRs). The DAPA program resembles the DACA program in some important respects, but the eligibility criteria are distinct.
The program will be open to individuals who:
- have a U.S. citizen or LPR son or daughter as of November 20, 2014;
- have continuously resided in the United States since before January 1, 2010;
- are physically present in the United States on November 20, 2014, and at the time of applying;
- have no lawful immigration status on November 20, 2014;
- are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators
- present no other factors that would render a grant of deferred action inappropriate; and
- pass a background check.
buy canada levitra The rest of the year, most biker women keep in touch by email and snail mail. Always and in every case need of alcohol rehabilitation is not needed, as for the people who have not traveled so far in the journey of drinking they can always return and focus on their lives this habit and what prescription viagra it’s doing to them. I would personally buy tadalafil 20mg tabulate the lab tests results, etc, and write it up. Comfort-level – It will decide sildenafil india the course of your action because if you don’t get to the basis of which is causing your emotional distress! It is also no big secret that people enjoy the consequences of alcohol! But, why can some like it occasionally while some require it daily? The stark difference here is that the occasional drinker is using it just for that; enjoying the chance to as the.
DAPA grants will last for three years. The DAPA program should be ready to receive applications within 180 days.”
The issue might expand. CNS’ Terence P. Jeffrey worries that if, as Solicitor General Donald Verrilli believes, Obama has “prosecutorial discretion” to implement DAPA, he could also make illegals eligible for Social Security, disability and Medicare.
The brief submitted by the majority of all states in the U.S., notes Jeffrey, states that “The Executive Branch unilaterally created a program — known as DAPA — that contravenes Congress’s complex statutory framework for determining when an alien may lawfully enter, remain in, and work in the country,” the attorney general and solicitor general of Texas explained in a brief submitted to the Supreme Court on behalf of the states seeking to block the policy. DAPA would deem over four million unlawfully present aliens as ‘lawfully present’ and eligible for work authorization, says the Texas brief. And ‘lawful presence’ is an immigration classification established by Congress that is necessary for valuable benefits, such as Medicare and Social Security.”
The New York Analysis of Policy and Government concludes that the legal issue is not complex. While the President has the discretion to take limited action in particular instances, it is clear that he cannot take steps that essentially nullify or alter an existing law. DAPA essentially does precisely that.