Thursday, June 23, 2016
Editors Note: Prof. Irene Scharf is in attendance at the annual meeting of the American Immigration Lawyers Association where over 2,000 immigration lawyers are in attendance. As the per curium decision in US v Texas was announced, Prof. Scharf blogged reaction to the decision including comments from counsel from the three mothers named as intervenors:This morning, the United States Supreme Court, in a deadlocked 4 - 4 vote reflecting Congress's failure to fill the seat created upon Justice Scalia's death, failed to reach majority in the government's challenge to the Fifth Circuit's injunction against implementation of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). As a result, the Circuit court's injunction against the President's use of executive action stands.While the ruling does not impact the original DACA program launched in 2012, it is a searing loss for immigrant families and their supporters. "It’s bad for American communities, workers and the economy. ... the nation needs a permanent solution to our outdated immigration system, and that must come from Congress. 'The fight will continue" reflected the American Immigration Council. Danny Cendejas, Organizing Director of Detention Watch Network, noted that “[t]he U.S. Supreme Court’s inability to reach a decision today leaves the lives of millions hanging in the balance. As a result, immigrants will continue to be targeted by the unjust detention and deportation machine fueled by unconstitutional raids and police and Immigration and Customs Enforcement (ICE) collaboration. With today’s ruling, people will still be subject to the inhumane detention system – putting their lives in jeopardy. It’s plain and simple; the U.S. government must end its reliance on immigration detention.”In comments this morning before attendees of the American Immigration Lawyers' Association's annual meeting in Las Vegas, Thomas Saenz, President and General Counsel of the Mexican American Legal Defense and Education Fund, who represented the three mother-intervenors, indicated that this litigation, initiated by Texas but followed by governors of 25 additional states, was "wholly political," but it is ongoing and will be judicially resolved. In addition, he noted that the adverse effects on the many residents of these 26 states will surely be rendered politically. Saenz was optimistic in the face of this temporary loss, reminding the immigration lawyers that "even in defeat you win."Stay tuned.