Immigration Lawsuit Leaves Immigrants in Legal Limbo

The immigration lawsuit filed against the Obama Administration has placed the status of millions of undocumented residents in a legal limbo. A recent injunction issued by U.S. District Judge Andrew Hanen favored the 26 state attorneys general who sued to stop President Obama’s executive orders regarding the immigration status of some illegal immigrants. The ruling on the immigration lawsuit has caused immigrants who sought to take advantage of the amnesty offered by the executive orders to wait until the next round of court battles is completed.

Executive Orders Prompt Immigration Lawsuit

The states’ immigration lawsuit seeks to overturn two executive orders President Obama issued in November. The first was an expansion of the Deferred Action for Childhood Arrivals (DACA) program. The DACA program allows children who were brought into the U.S. by their parents illegally to defer their deportation hearings for up to five years. A related order created the Deferred Action for Parents of Americans and Lawful Permanent Residents program. This program would defer deportation hearings for illegal immigrants whose children are either native-born citizens, naturalized citizens or lawful residents.

Immigration Lawsuit Sparks Constitutional Argument

The attorneys general behind the immigration lawsuit, led by former Texas Attorney General and current Governor Greg Abbott, claim that the President overstepped his constitutional authority by issuing the executive orders. The U.S. Constitution places the responsibility for making laws, including immigration laws, on Congress. The immigration lawsuit alleges that, by issuing the executive orders, President Obama essentially made his own set of immigration laws without input from or consultation with Congress.

Immigration Lawsuit Leaves Applicants Waiting

According to Marielena Hincapié, the executive director of the National Immigration Law Center, Judge Hanen’s ruling on the immigration lawsuit could leave potential applicants waiting for weeks or even months. Ms. Hincapié and other immigration advocates met with President Obama to discuss the immigration lawsuit and its impact on applicants. She told reporters that she and her fellow advocates will continue to help their immigrant clients complete the necessary documentation needed to pursue legal residency or naturalized citizenship.

Immigration Lawsuit And Politics

While those behind the immigration lawsuit cite the constitutional conflict of interest in their public statements, some observers have noted the partisan political nature of the primary actors. Nearly all of the attorneys general who signed onto the immigration lawsuit are Republicans. The most vocal opponents in Congress to the President’s executive orders have all been Republicans. Democratic House members are informing their constituents to keep their documentation in order and be prepared for a higher court to overturn Judge Hanen’s ruling.

Source: National Journal

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