Supreme Court to review immigration action

The Supreme Court has agreed to hear the government's appeal of a decision out of the 5th Circuit that halted the Obama administration's immigration action plan, the New York Times reports. The plan, proposed in November 2014, would have provided deferred action for certain immigrants in the U.S. who don't have any other path to lawful status. A district court in Texas issued an injunction preventing the plan from going forward shortly after it was introduced, and the 5th Circuit upheld the injunction.

As we discussed in November 2015, the administration filed a petition for certiorari asking the court to allow the plan to proceed. The issues originally on appeal were 1) Whether the states have standing to challenge the president's executive actions in court; 2) Whether the enacting the immigration policy was beyond the authority of the executive branch; and 3) Whether the government had a duty to allow a period of public comment on the policy.

While the Supreme Court has agreed to review these issues, it also added the issue of whether the president's plan violates a constitutional provision requiring the president to “...take care that the laws be faithfully executed,” according to the Times. This was an issue that the states had raised in the lower courts, but those courts had not decided. According to SCOTUS Blog, it is rare for the Supreme Court to add an issue that lower courts did not address.

The case, United States v. Texas, will be set for argument in April and the Court should reach a decision by June.

Image via Flickr user Baigal Byamba.