Button 3 Button 1 Button 2 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
  • Google
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Supreme Court Split Vote May Place Thousands In Removal Proceedings

Posted on in Immigration
  • Font size: Larger Smaller
  • Hits: 1398
  • Print

Supreme Court Split Vote May Place Thousands In Removal ProceedingsOn June 23, the U.S. Supreme Court handed down a ruling in the case of United States v. Texas (2016), which had sought to decide, in the long term, whether the immigration reforms proposed by President Obama in November 2014 were, in fact, a proper exercise of executive power. The court, sitting with 8 members due to the passing of Justice Scalia and a failure to confirm a replacement, issued a one-line per curiam opinion. As a result of this failure to act, many immigrants remain either in a position where they must fear removal proceedings or are in status limbo.

The Ramifications Of The Ruling

The case at hand is not the wider question of whether President Obama’s Deferred Action for Parents of Americans (DAPA) program is viable, but rather whether the states opposing it have standing to sue to stop it. Standing is a legal principle that states that a person must be injured ‘directly and concretely’ by something in order to be able to bring suit against it. Texas and 25 other states claimed injury, and thus standing, but the federal government opposed.

A per curiam opinion is an opinion authored collectively by the court (unlike most majority opinions and dissents, which are signed by anywhere up to four justices individually) that is usually non-precedential. In other words, it is an opinion that passes judgment (or declines to) on the case at hand but is specifically noted as having no value as a tool to interpret any cases in the future. The Supreme Court usually settles questions of law, given that theirs is the ultimate judicial authority in the United States. However, for reasons known only to the justices, they elected to punt, figuratively speaking - the opinion in U.S. v. Texas merely allows the states’ lawsuit to stop DAPA to continue, when many argue the law could have permitted the Court to halt the lawsuit in its tracks.

What Now?

The administration has attempted to argue that DAPA is essentially a large grant of prosecutorial discretion, which is a long-accepted method of withholding removal for specific individuals with good moral character and ties to the country. The lower court was unsympathetic to this argument, and it may be that the Supreme Court will weigh in on the merits as well if the lawsuit progresses to that point. For the time being, as the Supreme Court has affirmed the ruling that the 26 states have standing to sue, the suit will progress.

Whether or not DAPA is eventually revived in a different form, immigrants are facing significant issues in the near future. Many had applied for the program and for work authorization - in fact, Judge Andrew Hanen, the jurist who issued the original injunction against enforcing the program, had to sanction Justice Department attorneys after the DOJ issued work authorizations to 2,500 undocumented immigrants in defiance of the order. With the validity of these authorizations (and many others) now null, undocumented immigrants have begun to expect Notices to Appear, which in theory may be issued as soon as one is out of lawful status. You may wind up being one of them if you had applied under DAPA (not DACA, as that program is untouched by the ruling).

Contact A Deportation Defense Attorney

The ruling in U.S. v. Texas has confused many people and frightened countless more. If you find yourself in a vulnerable position due to the Supreme Court’s decision, it is a good idea to contact an experienced immigration attorney. The passionate Chicago deportation defense lawyers at Mevorah Law Offices LLC can help answer your questions and work for the best possible outcome for you and your family. Contact us today to set up an initial appointment.

Sources:

http://scotusblog.com/case-files/cases/united-states-v-texas/
https://www.law.cornell.edu/wex/per_curiam
http://nytimes.com/2016/05/20/us/andrew-hanen-immigration-texas-court.html?_r=0

  • DuPage County Immigration Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted