In our last post we wrote about immigrants who, came to the United States from countries in Central America, and feared they would be swept up in immigration raids. If caught, it is possible those individual could face deportation. This is a fear that many people who are in the U.S. without proper documentation face. In an effort to prevent this from happening, a couple of years ago, President Barack Obama took steps to protect some individuals in that situation. To accomplish this, he issued an executive order. It was designed to protect immigrants in the U.S. whose children are U.S. citizens and those who do not have a criminal record.
Recently, it was announced that after being blocked by two lower courts, the U.S. Supreme Court will address the executive decision. Before reaching the Supreme Court, the 5th Circuit Court of Appeals upheld a previous decision out of the U.S. District Court. Those decisions both put a stop to the president’s action. A main issue in the case is whether the U.S government can take legal action regarding how a state enforces federal laws.
While there is no question this case is about an immigration matters, how it is decided might also have an impact on when the federal government can be sued by states, in regard to executive actions. It will also address another issue. The court added a question concerning whether the president is taking “care that the laws be faithfully executed.”
It is fair to say that many people will likely be anxiously waiting for an outcome in this case. Individuals who are concerned they might face deportation could benefit from working with an immigration lawyer.