Monday, April 6, 2015

Immigration Law Professors Weigh in in Texas v. United States

109 immigration law professors filed an amici curiae brief in the Fifth Circuit in support of reversal of the district court's preliminary injunction in Texas v. United States.  See Download Immigration Law Professors Brief Filed.  The law firm of Munger Tolles & Olson LLP served as counsel for the amici.

Here are the argument headings

I. THE SECRETARY HAS BROAD DISCRETION IN ENFORCING IMMIGRATION LAWS

II. DEFERRED ACTION, AS APPLIED TO BOTH INDIVIDUAL NONCITIZENS AND CLASSES OF NONCITIZENS, IS A WELL ESTABLISHED FORM OF ENFORCEMENT DISCRETION THAT HAS BEEN RECOGNIZED BY CONGRESS, FORMAL AGENCY REGULATIONS, AND THE COURTS 

    A. The Nature of Deferred Action

    B. The History of Deferred Action

III. THE SECRETARY ADOPTED DAPA AND THE EXPANSION OF DACA BASED UPON CONSIDERATIONS THAT ARE PECULIARLY WITHIN THE SECRETARY’S EXPERTISE

IV. DAPA AND EXPANDED DACA CONSTITUTE PRIORITYSETTING AND THE EXERCISE OF ENFORCEMENT DISCRETION, NOT ABDICATION OF THE SECRETARY’S DUTY TO ENFORCE THE IMMIGRATION LAWS

V. DAPA AND EXPANDED DACA ESTABLISH AN ENFORCEMENT FRAMEWORK THAT REQUIRES INDIVIDUALIZED, DISCRETIONARY DECISIONS

KJ

http://lawprofessors.typepad.com/immigration/2015/04/immigration-law-professors-weign-in-in-texas-v-united-states.html

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