Obama Administration Requests Rehearing of Immigration Case

Obama Administration Requests Rehearing of Immigration Case

In the wake of a deadlocked U.S. Supreme Court decision on the future of President Obama’s immigration reform plan, the U.S. Department of Justice (DOJ) has filed a request with the Supreme Court for it to rehear the case once it has a full court of nine justices. The Supreme Court was left one justice short after the death of Justice Antonin Scalia earlier this year, thus leading to 4-4 decision. Thus far, the Republican-controlled U.S. Senate has declined to even consider Obama’s nominee, Merrick Garland, an appeals court judge, leaving the Supreme Court without a ninth justice for the foreseeable future. As a result, even if the Court were to grant the DOJ’s request, the Court would not render a decision until next year, well after Obama has left office. The practical effect of this ruling was to leave in place a lower court’s ruling that blocked the implementation of the President’s plan, which was designed to protect certain types of immigrants from deportation. After the U.S. House of Representatives failed to pass bipartisan immigration reform litigation in 2013, Obama unveiled his own plan in November, 2014. Texas and 25 other states quickly challenged the plan in court, arguing that Obama had overstepped the bounds of his constitutional authority and infringed upon congressional power. Obama’s plan was to permit certain immigrants – those who have no criminal record, have lived illegally in the U.S. since at least 2010, and have children who are U.S. citizens or lawful permanent residents – to enter into a program that would prevent them from being deported and make them eligible for work permits. This program could have protected up to four million immigrants illegally residing in the U.S. If ICE has detained a loved one, contacting an experienced California immigration attorney as quickly as possible can be essential to securing his or her release and fighting deportation. Taking steps to fix an immigration problem from the outset is often much simpler than waiting until the last minute and attempting to remedy the situation. Call Landerholm Immigration, A.P.C., at (510) 756-4468 today, and learn what we can do to help you through this situation.
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