A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Tuesday, January 19, 2016

Supreme Court to hear Controversial Deferred Action Case

Today, the U.S. Supreme Court announced that it will hear the controversial case of Texas vs. United States concerning the Government's plan to grant deferred action status to millions of long-time illegal immigrants in the U.S. who are parents of U.S. citizens and residents.  

In November, the Fifth Circuit sided with the lower Federal District Court and upheld the injunction against the Obama Administration to implement its new DAPA (parents of U.S. citizens and legal residents) and expanded DACA (childhood arrivals) programs.  These programs are part of the Administration's executive plan to reform the U.S. immigration policy. 

In granting certiorari, the Supreme Court also asked the parties to brief on the issue of whether the deferred action plan violates the "Taking Clause" of the United States Constitution.  The Taking Clause of the Fifth Amendment provides that private property should not be taken for public use, without just compensation.

The timing of this case is particularly interesting in light of the recent heated debates on immigration among the presidential candidates.  The case is expected to be decided in June, but the future of the these deferred action programs will ultimately depend on the result of the upcoming presidential election.  

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