The U.S. Supreme Court agreed Tuesday to hear the federal government’s appeal of a decision that blocked President Barack Obama’s executive actions on immigration. The court also asked the federal government and states involved in the case to weigh in on whether the executive action guidance runs afoul of the “take care clause” of the Constitution. Here, attorneys tell Law360 why the Supreme Court’s taking up the case is significant.
Zlatko “Zack” Hadzismajlovic, McCarter & English LLP
“At stake are the fates of 5 million undocumented. Assuming the U.S. prevails over Texas, these folks are granted lawful presence and employment authorization. Texas concedes that ‘the executive does have enforcement discretion to forbear from removing aliens.’ Assuming that position, it’s difficult to see how Texas can prevail. Namely, whenever the executive grants withholding of removal or cancellation of removal, he is doing precisely what is proposed regarding the DAPA and DACA classes — forbearing from removing otherwise removable aliens. Indeed, the executive is proposing to do so en masse to similarly situated aliens and, consequently, saving the taxpayer the expense of 5 million removal hearings.”