Seth Robbins, Associated Press, December 29, 2015
Texas on Tuesday asked the U.S. Supreme Court not to review a lower court’s decision blocking President Barack Obama’s plan to spare millions of immigrants from deportation.
A 42-page brief by Texas Attorney General Ken Paxton claims the president’s plan to protect millions of immigrants bypasses constitutional authority and established federal laws. A coalition of 26 states, led by Texas, argues that the Obama administration also failed to provide them the notice and opportunity for comment that should have been required before such a major policy change.
At issue is the Obama administration’s Deferred Action for Parents of Americans program, announced in November 2014 that calls for shielding from deportation and giving work permits to as many as 5 million immigrants, most of whom are the parents of U.S. citizens and lawful permanent residents.
The states argue in the brief that the “lawful presence” granted to immigrants under the program has significant cost repercussions for them, including increased “healthcare, law-enforcement, and education expenditures.”
The court’s current timeframe could allow arguments to be held in April and a decision to be issued two months later. If the justices rule for the administration, Obama would have roughly seven months in office to implement his plan.
The states that challenged the plan have won every round in court so far. Most recently, the 5th U.S. Circuit Court of Appeals ruled for them on Nov. 9.
Solicitor General Donald Verrilli Jr. said in a subsequent court filing that allowing those rulings to stand would force millions of people “to continue to work off the books, without the option of lawful employment to provide for their families.”