Supreme Court timetable gives President Obama an opening on immigration

Richard Wolf
December 1, 2015
USA Today

WASHINGTON — The Supreme Court moved President Obama a step closer Tuesday to getting a final verdict before leaving office on his plan to protect more than 4 million undocumented immigrants from threatened deportation.

The justices turned down Texas' request for an additional month to respond to the Justice Department's request for a high court hearing, leaving open the chance for a spring showdown over the controversial executive action. Instead, they granted only eight days, demanding a response by Dec. 29.

As a result, a decision on whether to hear the case could come in January, soon enough for oral arguments and a decision in the first half of 2016.

The timing is critical to both sides. If the justices take the case and rule in Obama's favor by June, the administration would have seven months to begin implementing the program before the president's term expires. But if the case is pushed to the court's next term, a decision would be unlikely before Obama is replaced — possibly by a Republican who would end the program before it begins.

At stake is the president's effort to expand a 2012 program delaying the threat of deportation for about 770,000 undocumented immigrants brought to the country as children. He wants to broaden that program and add protections for some 4.3 million adults with children who are U.S. citizens, making them eligible for work permits and various health care, disability and retirement benefits.

A coalition of 26 states with Republican governors, led by Texas, has argued that Obama lacks the authority to protect about one-third of the nation's undocumented immigrants without going through Congress.

Federal District Court Judge Andrew Hanen temporarily blocked the program in February, ruling that the states were likely to win their argument that Obama lacked executive authority to carry out the plan. In May, the U.S. Court of Appeals for the 5th Circuit refused to let the program continue while it considered the appeal.

In its ruling last month upholding Hanen's injunction, the appeals court's 2-1 majority said the program "would dramatically increase the number of aliens eligible for work authorization, thereby undermining Congress's stated goal of closely guarding access to work authorization and preserving jobs for those lawfully in the country."

Solicitor General Donald Verrilli immediately sought Supreme Court review. "If left undisturbed, that ruling will allow states to frustrate the federal government's enforcement of the nation's immigration laws," he said. "It will force millions of people … who are parents of U.S. citizens and permanent residents to continue to work off the books, without the option of lawful employment to provide for their families."

Texas normally would have a month to respond, but it asked for two months because of a heavy workload involving other Supreme Court cases. Texas Solicitor General Scott Keller argued that a delay would pose no danger to undocumented immigrants who are not deemed priorities for deportation because of criminal records or other issues.