AFTER more than a year of debates and court battles, the US Supreme Court (SC) finally announced last Tuesday, Jan. 19 that it will decide if President Obama exceeded his authority when he announced his immigration programs aimed at allowing millions of undocumented immigrants to apply for programs that could make them eligible for work authorization and associated benefits.
The debate revolves around the implementation of programs that directly affect many undocumented kababayans:
The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) aimed at the approximately 4.3 million undocumented immigrants who are parents of US citizens or lawful permanent residents; and
The expansion of the 2012 Deferred Action for Childhood Arrivals (DACA) targeting teenagers and young adults who were born outside of the US but raised in the country.
The hopes of many Filipinos among other undocumented immigrants have been in legal limbo when federal courts blocked implementation of Obama’s immigration measures in response to a challenge brought by Texas and 25 other states.
Legal analysts believe the Supreme Court will likely rule on the case by early summer. If the Court rules that Obama did not exceed his authority provided for by law, then this means these programs may be considered a centerpiece of the president’s second term, which will go into effect before he leaves office.
“Millions of families have waited nearly a year for these programs to take effect,” said Karen Tumlin of the National Immigration Law Center in a CNN report. “They will now get a full day in court as the nation’s highest court hears this case of tremendous moral and legal importance.”
CNN also reported on the other side of the argument, with Texas Attorney General Ken Paxton contending that Obama’s unilateral actions are unconstitutional, adding that his administration also violated the Administrative Procedures Act, a law that sets forth how federal agencies can establish regulations.
Paxton said the programs represent one of the “largest changes in immigration policy in our Nation’s history” and that the state has the standing to bring the case in part because it will bear the burden and cost of issuing additional driver’s licenses.
In a statement on Tuesday, Paxton said that by taking up the case, the Supreme Court “recognizes the importance of the separation of powers.”
The Obama administration’s defended its actions as a valid exercise of prosecutorial discretion and that Texas and the states lack the legal harm, called “standing,” to challenge them in Court.
CNN reported on the rationale behind the action of the Supreme Court, with SC Solicitor General Donald B. Verrilli presenting his argument in court filings that if the lower court ruling is left undisturbed, this will allow the states “to frustrate the federal government’s enforcement of the nation’s immigration laws.”
Should the Highest Court allow the implementation of Obama’s programs that will benefit many qualified undocumented immigrants, including Filipinos, by allowing them to apply for programs that could make them eligible for work authorization and associated benefits?
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
