Capital Highlights

Supreme Court affirms 5th Circuit in immigration case

AUSTIN — The deadlocked U.S. Supreme Court on June 23 in effect affirmed a judgment that the Obama administration’s use of deferred action in implementing immigration policy violates the United States Constitution.

The U.S. Fifth Circuit Court of Appeals earlier ruled it was a presidential overreach to implement an immigration policy not approved by Congress. The Supreme Court’s 4-4 tie vote leaves that ruling in effect.

Gov. Greg Abbott welcomed the outcome. “The action taken by the president was an unauthorized abuse of presidential power that trampled the Constitution and the Supreme Court rightly denied the president the ability to grant amnesty contrary to immigration laws,” Abbott said.

In his remarks to the press following the court’s action, President Obama said, “I have pushed to the limits of my executive authority. We now have to have Congress act. And hopefully, we’re going to have a vigorous debate during this election. This is how democracy is supposed to work and there will be a determination as to which direction we go in.”

The main question before the court since January was whether the discretionary power exercised by Department of Homeland Security Secretary Jeh Johnson violates the “take care clause” of the Constitution. The clause requires the president to take care that the laws of the nation be faithfully executed.

A “guidance” memorandum issued by Johnson on Nov. 20, 2014, lays out a process called “deferred action” by which he exercises discretion over whom to deport and whom not to deport. The process was to be used when considering undocumented residents who have lived in the United States for five years and either came here as children or already have children who are U.S. citizens or permanent residents.

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