Dear Readers:
The major immigration news of the last month is the Supreme Court’s hearing of oral arguments in Texas v. US, the challenge to the President’s deferred action programs. President Obama announced in November 2014 that he was expanding the Deferred Action for Childhood Arrivals (DACA) program which was created in 2012 and launching the new Deferred Action for Parents of Americans program (DAPA). The expanded DACA would eliminate the upper age cap and move forward to 2010 the date applicants must have arrived in the US. The expansion would add hundreds of thousands of people to that program. DAPA would allow certain parents of citizens and green card holders to avoid deportation and get a temporary work document. More than four million people could benefit.
The case was filed by the governor of Texas and was joined by more than 20 other Republican governors. It was deliberately filed in a district court in Texas with the goal of getting Judge Andrew Hanen who previously had made harshly critical statements about the President’s immigration record. Judge Hanen issued a nationwide order enjoining the White House from implementing the new programs. That order was upheld by the 5th Circuit Court of Appeals and was then appealed to the Supreme Court.
The arguments mainly focused on the issue of standing – whether the states even had the right to sue – as opposed to whether the actions were themselves legal. The court’s four liberals seemed to ask friendlier questions on the subject leaving many to wonder whether Justices Kennedy and Roberts – the two conservatives who many think may be open to supporting the White House – were actually showing their hands when they asked much more challenging questions. But many experience court watchers pointed out that the questions Justices ask often aren’t a good indicator of how they intend to rule.
Still, may were wondering what happens if, in the absence of Justice Scalia who died in January, the court reaches a 4-4 tie. The 5th Circuit decision would remain in place. What is not clear is whether the nationwide injunction would survive in the absence of a Supreme Court ruling upholding it. Some believe the White House will attempt to roll out the program everywhere outside the 5th Circuit which would likely mean suits across the country. But the 5th Circuit is considered the most conservative of the court regions so large sections of the country would be able to launch the programs. We could also see mass migrations of people to sections of the US where DAPA and DACA actually launch.
I’m still holding the belief that the White House will win the case outright when the decision is handed down in June. If I’m right, expect the expanded DACA program to launch first – probably as soon as a month after the decision is announced and then the DAPA program would start in September or October. If Hillary Clinton or Bernie Sanders wins the election, the programs would very likely continue and perhaps be expanded further. If a Republican wins, the programs would probably be shut down.
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Lots of firm news in the last month.
First, we welcome attorney James Hollis who is currently in our Memphis office and will be moving to our Nashville office this summer. James is a graduate of the Law School at the Washington University of St. Louis. He’s particularly experienced with helping entrepreneurs facing immigration challenges.
Lynn Susser is back from Mexico City where she represented our firm at the Alliance of Business Immigration Lawyers (ABIL) global meeting.
I’ve been doing quite of bit of speaking. Last month I spoke to Yale University’s Medical School about immigration issues. I also spoke about the Supreme Court case in a panel presented by ImmigrationWorksUSA. And I spoke to the Leather Industries of America in Washington about immigration law and policy.
Adam Cohen and Spencer Glaser presented a program on immigration law for Christian Brothers University in Memphis.
Siskind Susser was honored by being included on Who’s Who Legal’s list of the top 20 immigration practices in the world. We were one of six immigration specialty practices in the US to make the prestigious list.
I was also included on a separate list from Who’s Who Legal of the top 10 immigration lawyers in the United States. Several other Siskind Susser Lawyers made the global list of top practitioners as well.
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As always, we invite you to contact us if our firm can be of assistance. Please visit our web page at www.visalaw.com for information on reaching the firm or scheduling a consultation.
Regards,
Greg Siskind
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