Monday, November 16, 2015
Commentary on Texas v. United States: Texas v. United States: Fifth Circuit declares President Reagan's immigration regulation unlawful by Marty Lederman
In "Texas v. United States: Fifth Circuit declares President Reagan's immigration regulation unlawful," Marty Lederman offers some interesting insights about Texas v. United States. And yes, it is President Reagan mentioned in the title. Here is the punch lines of Lederman's analysis:
"Accordingly, what's at stake in the coming Supreme Court case (assuming the Court grants cert.) is much more than the fate of the DAPA program itself--it's the entire, well-established edifice of work authorization for removable aliens over the past 30 years, involving the employment of many millions of removable aliens (including the 1.5 million aliens subject to President Bush's "Family Fairness" policy, in the period prior to Congress's ratification of their work authorization).
By contrast, and perhaps ironically, the one thing that presumably won't be at issue in the Supreme Court case is the authority of Secretary Johnson to grant the DAPA aliens temporary (revocable) relief from removal (i.e., deportation), because the courts below appear to have agreed with the Secretary that he has a broad, unreviewable authority to make or defer such removal decisions."