Texas Judge wants to dig in with his order against Immigration Reform

Following a new order by U.S. District Court Judge Andrew Hanen in the Texas v. United States litigation, USCIS advised DACA recipients who received a three-year Employment Authorization Document (EAD) that the three-year EAD and DACA approval notice are no longer valid, and reminded recipients to return three-year EADs previously issued to them. The new July 7, 2015, order requires top immigration enforcement officials, including DHS Secretary Jeh Johnson, to appear at a hearing in Texas on August 19, 2015, to discuss the 2,000 three-year EADs that were issued following the injunction on expanded DACA and DAPA

DAPA Rallies

NBC News reports that over 30 rallies, marches, and events are taking place across the country today as part of a national day of action to push for the implementation of DAPA. Had the program not been temporarily enjoined, undocumented parents of U.S. citizens or LPRs could have begun applying for temporary deportation relief and work authorization

The Salt Lake Tribune: In Utah Speech, U.S. Immigration Chief Says System Is Unjust

The Salt Lake Tribune reports that USCIS Director León Rodríguez called on Congress to make the immigration system more just at a convention of the Catholic Legal Immigration Network yesterday. “The immigration system that we are working off of … was mostly built back in the 1960s, meaning that it is an obsolete and archaic scheme that does not reflect our economy, does not reflect our demographics, and does not reflect—above all—our values,” Director Rodríguez said. “Real justice will come when we have reform … that gives us a path to citizenship [for undocumented immigrants].”

Senate Reaches Agreement on Trafficking Bill

The Senate agreed on Tuesday not to include five proposed immigration amendments in a bill to combat human trafficking. These amendments would have restricted constitutional birthright citizenship, eliminated protections for unaccompanied children, and granted DHS broad power to detain noncitizens for prolonged periods.

Huffington Post: Judge Seems Skeptical Of Joe Arpaio’s Immigration Lawsuit

The Huffington Post reports that yesterday, U.S. District Judge Beryl Howell was skeptical of a lawsuit filed by Sheriff Joe Arpaio over the constitutionality of the President’s executive actions on immigration. In the first hearing in the case, Judge Howell questioned whether Arpaio had standing to bring the case and whether he could show a concrete injury from the new policy. The judge also indicated that she was not entirely convinced the courts should weigh in on the executive actions. Read this story and more in AILA’s daily immigration news clips.

Immigration Reform and Parole Explanations

The immigration reform has stirred national debate. Is it constitutional?

As most people know at this point, immigration reform has hit the U.S. through an executive order by President Obama and not through Congress. Brian Lerner explains that there is a hefty debate going on with this issue as to whether the immigration reform was constitutional or not.

See Brian D. Lerner speak about the immigration reform news 2014 about the new DACA

The Republicans are angry and state that Congress should be making laws regarding immigration reform. However, the U.S. Senate prepared a complete bill for immigration reform. It included an overhaul of both enforcement and affirmative immigration. However, explains Brian D. Lerner, when the Bill was sent to the U.S. House of Representatives, it sat there and sat there and sat there. The Speaker of the House would not even bring it for an up or down vote. Thus, while the Republicans are now furious that President Obama took the immigration reform in his own hands, the statements that Congress should do something is a bit disingenuous. They may have disagreed with the Senate version of the Bill, but why not put it up for debate? Why not allow it to go for a vote? Rather, they did nothing. Thus, explains Brian D. Lerner, Immigration Attorney, it is not as though President Obama came rushing through the doors to do immigration reform. Rather, he waited 1 ½ years after the Senate passed a bill. Clearly the immigration system is broken and immigration reform is needed.

 

Thus, the question: Is executive action by the President of the United States on Immigration Reform constitutional? In actuality, all the way back to the first President of the United States, George Washington, there have been executive orders. In this case, only when Congress has failed to act, did President Obama take action. In actuality, President Obama has not issued a lot of executive orders in his tenor as President of the United States. Now, for what seems like the first time, the House is stating they should debate and talk about the issue on immigration reform. That is great! If the President giving an executive order  is what is necessary to get the House to do something for the people of the United States on immigration reform, then President Obama’s executive action is working.

 

The President has the constitutional power to carry out his Presidency. He has actually not made any new laws, but has instituted an executive order in which to implement his policies. This is his prerogative. The issue with the constitutionality of this executive order is further shown to be legal based upon the past. DACA or DREAMERS or Deferred action has been around for a couple of years. This was also made via an executive order by President Obama. Why did the Republicans not question this executive order? Why did they not bring a lawsuit or try to get some order that DACA itself was not constitutional? Here, explains Brian D. Lerner with the current executive order, DACA has been expanded. However, the expansion of DACA goes to basically taking away the upper age limit and making it so instead of being here in the U.S. since 2007, it would be 2010. Granted, the immigration reform and constitutionality of that reform is questioning the other provisions as well. However, it seems, according to Brian Lerner, that it is the content of the immigration reform and perhaps the expansion is what has many Republicans trying to fight it. However, according to Brian D. Lerner, the immigration reform has taken effect and there are a great many organizations and Law Professors all across the U.S. which have expressed their support for the immigration reform and its constitutionality. Of course there are about 17 Repblican Governors that have filed suit against the unconstitutionality of the immigration reform. It is the opinion of Brian D. Lerner, that this suit is more of a political statement as it is unlikely to be ruled that it is not constitutional.


There are certainly a lot of arguments on both sides. However, immigration reform is needed (whether you are for immigration reform or against immigration reform) and one way or another it must be done. Thus, if President Obama’s executive action has started the wheels of Congress debating and moving forward, then hopefully the momentum will continue and Congress will ultimately pass a much needed immigration reform package.

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