SCOTUS Denies Rehearing on Executive Order Immigration Program

The Supreme Court today refused the White House’s request to review the immigration case of United States v. Texas, U.S., No. 15-674, rehearing denied 10/3/16. According to U.S. Law Week, “In June, the justices divided 4-4 on the issue. The split left lower court rulings putting a hold on President Barack Obama’s expanded Deferred Action for Childhood Arrivals program and Deferred Action for Parents of Americans and Lawful Permanent Residents program—commonly known as DACA and DAPA—in place. These programs would have deferred deportation for approximately 4 million immigrants who entered the country illegally, and granted them temporary permission to work in the U.S.”

The Challenges of Family Law and Policy in Immigration Regulation are particularly perplexing because they require so much state cost in border states.  Legal immigration allows states to be prepared for those costs, but illegal immigration opening international borders has overburdened states.  

Today’s order means that Texas and 25 other states who challenged the programs arguing that these orders represented an unauthorized abuse of presidential power have been victorious in their challenge.  The case will be returned to the District Court Judge in Texas. 

Issues involving immigration and families are extremely significant, and must rely on firm national immigration laws that work with, rather than against, state governments who bear the financial and structural burden to protect children and families as they immigrate.   

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