TX Solicitor General Prepares For SCOTUS Immigration Lawsuit

by Martin Arguello

In an interview with the Texas Tribune web site, Texas Solicitor General Scott Keller revealed the reasons why the state is pursuing its immigration lawsuit against President Barack Obama all the way to the U.S. Supreme Court. The interview also featured Texas First Assistant Attorney General Chip Roy, who will be also be participating in the immigration lawsuit while Attorney General Ken Paxton faces criminal charges. The attorneys general of 25 other states have also joined in the lawsuit, in which they claim the president overstepped his constitutional authority.

Executive Orders Prompt Immigration Lawsuit

The states’ immigration lawsuit stems from two executive orders President Obama issued in November 2014. The president ordered the expansion of the Deferred Action for Childhood Arrivals program, known as DACA, which would allow undocumented immigrants who arrived in the U.S. before their 16th birthday to receive exemption from deportation. The orders also created the Deferred Action for Parents of Americans program, or DAPA, which would allow parents of children born in the U.S. to qualify for deferred action on their deportation process.

Details of the Texas Immigration Lawsuit

The suit originated with then-Texas Attorney General Greg Abbott. When Mr. Abbott won the race for governor, he passed the suit on to his successor, Mr. Paxton, who has since passed it on to Mr. Keller and Mr. Roy. According to Mr. Keller, the states’ immigration lawsuit claims that the president’s action “grants lawful presence to millions that are here, who are here, unlawfully.” The immigration lawsuit claims that the presence of millions of undocumented immigrants will strain resources such as education, Medicare, and Social Security intended for citizens and lawful residents.

Immigration Lawsuit Poses Constitutional Challenge

A major point of contention in the immigration lawsuit is the issue as to whether President Obama had the authority to issue the executive orders, or if the duties for regulating immigration should exclusively belong to Congress. Mr. Roy also clarified that the purpose of the immigration lawsuit is not to stop immigration, but to determine if the president overstepped his constitutional authority by issuing the executive orders. “This is not an immigration question,” he told the interviewer. “This really is a separation of powers question: What does the president have the power to do?”

Immigration Lawsuit Cites “Sweeping Executive Power”

Last February, U.S. District Judge Andrew Hanen heard the states’ immigration lawsuit and ruled that the Obama administration violated the Administrative Procedure Act by failing to submit the executive orders for comments. Mr. Keller described the failure to follow procedure as “substantively unlawful” and plans to use the violation as part of his immigration lawsuit strategy before the High Court.

Source: Texas Tribune

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NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by any of the parties mentioned herein.

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