Thursday, January 29, 2015
Immigration Article of the Day: States' Lawsuit Against Executive Action More Politics than Substance by Lynne H. Rambo
States' Lawsuit Against Executive Action More Politics than Substance by Lynne H. Rambo, Texas A&M University School of Law January 13, 2015 American Immigration Council, January 2015
Abstract: 25 states, led by Texas, have sued to enjoin Department of Homeland Security officials from adhering to President Obama's directive that (1) the parents of U.S. citizens or Lawful Permanent Residents who have lived here five years without serious incident and (2) expanding upon a 2012 directive, immigrants who came here as children and have already lived here several years without serious incident, be granted deferred action status. The case is political grandstanding. President Obama did not act improperly, much less unconstitutionally, because Congress has expressly conferred on the executive the authority to "establish policies and priorities" with respect to removal actions, and, in any event, has acquiesced in the decisions by numerous Presidents to grant deferred action status to various groups.
EDITOR'S NOTE: For what it is worth, I think that Professor Rambo has it exactly right.