The U.S. Supreme Court rejected a request from Texas and other states for a 30-day extension to file briefs in support of the lawsuit to block President Obama’s executive actions on immigration. Instead, the Court accepted DOJ’s request for a shortened eight-day extension, making it possible for the Court to decide the case in the 2015–16 term, should the Court grant the government’s cert petition.
Today, DOJ filed a petition for a writ of certiorari with the U.S. Supreme Court, asking the Court to overturn the injunction blocking DAPA and expanded DACA, and arguing that the 26 states challenging President Obama’s executive actions lack standing to do so. The petition states that if the Fifth Circuit’s majority ruling is left undisturbed, it “will allow states to frustrate the federal government’s enforcement of the nation’s immigration laws,” and “will force millions of people—who are not removal priorities under criteria the court conceded are valid, and who are parents of U.S. citizens and permanent residents—to continue to work off the books, without the option of lawful employment to provide for their families.”
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who received a three-year Employment Authorization Document (EAD) that the three-year EAD and DACA approval notice are no longer valid, and reminded recipients to return three-year EADs previously issued to them.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
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 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].”
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.
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.