Category: Executive Action on Immigration

Hope Ninth Circuit Decision

Analysis of the Ninth Circuit’s Decision on Travel Ban

Well, to start with, judges are people. If you attack them, they subconsciously, will hold it against you. So please have some respect for other branches of government Mr. President.

What Happens Now?

So the three judges panel upheld the lower court’s ruling banning the ban. The court ruled that the Plaintiffs have an interest in allowing travelers in. The court balanced the national security interest and the potential harm to the Paintiffs and ruled that the harm outweighs the national security interest.

What Happens Now?

The Administration now has two options: ask for a full review by the Ninth Circuit or appeal to the Supreme Court. The two options are very tricky. The first one might be the better option however, since we still have eight justices on the higher court. The 4-4 decision threat might lead to a delay on the administration’s behalf until their nominee is confirmed.

What should the Administration do?

I believe that the best course of action is for the Administration to withdraw the order. I doubt that’ll ever happen, however. I think the the President’s statement during the campaign and the fact that the order discriminates against Muslim refugees taint the order and make it unconstitutional.

I don’t think that the battle over this is over by any means. The President just sent out a  tweet saying “See You in Court”. To read the decision, click here.

USCIS To Start Accepting Expanded DACA Applications on 2/18/15

United States Citizenship and Immigration Services announced last week that it will start accepting application for expanded Deferred Action for Childhood Arrivals (DACA) starting February 18, 2015.

On November 20, 2014, President Obama announced an expanded program to defer the removal of certain undocumented immigrants who were brought to the United States as children, and became undocumented, through no fault of their own. President Obama announced the initial program on June 15, 2012, and the program has helped more than 500,000 individuals. The expansion defers removal for three years, and removes the initial age limitation. Applicants will be granted an Employment Authorization Document (EAD), after passing the necessary background checks.

USCIS also announced that it will begin accepting Deferred Action Requests for Parents of US Citizens (DAPA) later this year. Applicant for both types of Deferred Action must not have been convicted of significant misdemeanors. USCIS will not use the information contained in the applications to begin removal proceedings.

 

DRUM ROLL: President Obama’s Video Announcement of his Prime Time Address to the Nation

President Obama announced, in a video, that he will be giving a speech about immigration at 8:00 p.m. tomorrow.  It is very interesting that the President chose to announce this executive action in a prime time address. I remember that he announced Deferred Action for Childhood Arrival (DACA) by issuing the executive order without addressing the nation.

I believe that the President is doing this to debunk some of the misinformation regarding his authority to issue the executive order. Many scholars have issued statements endorsing the President and his plans, which others have not. I do believe that he has the power to issue the executive order, a right upheld by the courts after ICE officers sued the President after DACA. This should be a very interesting week.