Supreme Court Hears Arguments on DAPA
(Washington, D.C.) – The Supreme Court will hear arguments today regarding the executive action on immigration President Barack Obama announced on November 20, 2014. The measure is being reviewed by the nation’s highest court after lower courts acted to overturn the order under a lawsuit filed by 26 states. The executive action, titled Deferred Action for Parents of Americans (DAPA), intends to halt deportations of parents of U.S. citizens, legal residents, and childhood arrivals who are protected by the Deferred Action for Childhood Arrivals (DACA) from 2012.
Daniel Garza, Executive Director of The LIBRE Initiative, released the following statement:
“America is in desperate need of an immigration reform that can adapt to future flows, increase economic productivity, and provide relief for the millions living in the shadows. But it must be done the right way, following our laws and honoring the principles of American Constitutional law.
The problem with DAPA is not with its intent, but with the fatal flaws that prevent it from accomplishing its stated goals and acting as a valid exercise of enforcement discretion. While we do not question a president’s prerogative to remedy gaps in law when clear guidance on implementation has not been provided, these actions cannot defy Congressional intent. Specifically, DAPA fails to be consonant with congressional policy, and instead, in many ways, operates contrary to statutory law.
Moreover, because DAPA is an executive action, it is inherently temporary and limited in scope, and can be challenged and deemed unlawful by federal courts. Even if it somehow survives legal challenges, it does not grant permanent relief, and it does not permanently address the status of millions of undocumented immigrants.
President Obama himself said many times that he could not act without Congress to enact immigration reform. Even though his party had control of the House and Senate during the first two years of his presidency, he failed to act – breaking campaign promises to do so. America’s immigrant community is still paying for his neglect, years down the road. Regardless of the Court’s decision, we must be persistent in demanding the president work with Congress and bring all sides together on permanent reform that will provide much needed relief for millions living in uncertainty.”