Thread: 12 states, DC file court brief in support of immigration actions

Hundreds of Immigrants and supporters gather outside of the White House after his speech about his immigration action, where nearly 5 millions of immigrants will be eligible for protection from deportation.
Photo by Oliver Contreras/Zuma

12 states, DC file court brief in support of immigration actions

01/12/15 07:03 PM

By Amanda Sakuma

A dozen states that back President Obama’s immigration actions are now upping the ante with their support, filing arguments with the courts that the legal challenges to the looming measuresdon’t hold water.

In a “friend of the court” brief filed Monday, attorneys general from 12 states and the District of Columbia threw their backing behind the president’s executive actions, which could help nearly 5 million undocumented immigrants who currently live in the U.S., allowing them to seek work without fear of deportation.

RELATED: Immigration action 2.0: Lessons learned from DACA

Officials from 12 states – Washington, California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon and Vermont – and the District of Columbia filed the brief Monday in the U.S. District Court for the Southern District of Texas. In it, the attorneys general argue that enabling families to fully participate in U.S. society will have a positive impact on wages and local economies.

“The truth is that the directives will substantially benefit states, will further the public interest, and are well within the president’s broad authority to enforce immigration law,” they write.

The “friend of the court” filing is the latest in what could become a drawn-out legal battle over the implementation of the executive actions. In November, state leaders responded swiftly to President Obama’s announcement to extend a program that benefits so-called DREAMers, or undocumented immigrants brought to the U.S. as children. Within weeks of the announcement, Republican leaders from 24 states came out against the action, arguing it went beyond the scope of the president’s authority.

Preliminary hearings for the challenge begin in the Southern District of Texas court on Thursday, when attorneys for Texas, the lead plaintiff in the case, are expected to ask the federal district court for a preliminary injunction to block the upcoming measures while the states make their arguments. The district court judge hearing the case, Andrew Hanen, is a conservative judge appointed by President George W. Bush and who previously has been publicly critical of the Obama administration’s policies on immigration. But what remains unclear is whether the arguments provided by the states are strong enough to bring down the actions before they are even implemented.

RELATED: States’ challenge to Obama immigration action gathers steam

The impending executive actions are expected to be rolled out in two phases. The first expands on an existing program called DACA – Deferred Action on Childhood Arrivals – which benefits young DREAMers by allowing them to receive a renewable two-year work permit, obtain drivers licences and pay taxes. Starting as soon as February, the age ceiling for those who qualify will be raised, opening the door for hundreds of thousands more to apply. The most dramatic changes will kick in by May, when a similar program will open up to the parents of U.S.-born citizens.

The states challenging the program argue that Obama does not have the authority to make a sweeping directive changing which undocumented immigrants are priorities for deportation, and which ones are not. The White House has argued repeatedly that since the federal government does not have the resources or will to deport the estimated 11 million undocumented immigrants who currently live in the shadows, the president can use prosecutorial discretion to prioritize those deportations.

A number of legal experts agree that states face an uphill battle in their fight to derail the coming executive actions. Officials challenging the president’s measures must meet a high bar to prove that the state would face irreparable harm as a result. The 12 states involved in Monday’s brief argue that bar has not been met.

Washington State Attorney General Bob Ferguson, who filed the “friend of the court” brief on behalf of President Obama’s supporters, pointed to the economic factors that show that rather than face harm, a number of states will actually benefit from allowing undocumented immigrants to work legally.

“By properly using his authority to set enforcement priorities, the President’s action benefits Washington and other states by improving public safety, keeping families together, and aiding our economy,” Ferguson said in a statement. “Hard working, tax paying immigrants can now emerge from the shadows.”

http://www.msnbc.com/msnbc/12-states-dc-file-court-brief-support-immigration-actions

Officials from 12 states – Washington, California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon and Vermont – and the District of Columbia filed the brief Monday in the U.S. District Court for the Southern District of Texas. In it, the attorneys general argue that enabling families to fully participate in U.S. society will have a positive impact on wages and local economies.

“The truth is that the directives will substantially benefit states, will further the public interest, and are well within the president’s broad authority to enforce immigration law,” they write.

What is the penalty for knowingly filing a false brief and lying to a Court?

You know what the GOP should do in Congress? We should terminate all federal Medicaid payments for anyone who is not disabled or already on Medicare and of course do away with Food Stamps and oh my God yes the Free School Lunch Program. Then ask these states how illegal aliens are having a "positive impact on wages and local economies".

33 Mayors Support Obama on Immigration

By CAMERON LANGFORD

BROWNSVILLE, Texas (CN) - President Obama's decision not to deport some undocumented immigrants will "strengthen cities by keeping families together," 33 mayors, led by New York City's Bill de Blasio, claim in a legal brief.

The mayors filed their friend of the court brief in opposition to a lawsuit from 21 Republican states and four Republican governors, who are trying to stop Obama from implementing immigration policy changes.

Obama announced in November 2014 that for the remainder of his term he will not deport undocumented people who have lived in the United States since Jan. 1, 2010, who can pass background checks, and who entered as children or are the parents of U.S. citizens or lawful permanent residents.

Those who qualify may also be eligible for a federal work authorization card that includes their photograph, which would allow them to get a Social Security card and a driver's license.

With Texas leading the challenge, the states asked U.S. District Judge Andrew Hanen for an injunction against the new policies, set to take effect in February and May.

In their Jan. 27 amicus brief, De Blasio and his fellow mayors claim they "have a compelling interest in opposing plaintiffs' request for a preliminary injunction" because the nation's cities are home to most of its estimated 11 million undocumented immigrants.

The mayors cited the "classic American story" of four undocumented immigrants who found success in the United States, including Dr. Alfredo Quiñones-Hinojosa, who worked as a farm laborer in California before night classes propelled him to the University of California at Berkeley and Harvard Medical School.

"Today, Dr. Alfredo Quiñones-Hinojosa is a world-renowned surgeon and professor of neurosurgery and oncology at Johns Hopkins University, where he performs around 250 brain operations per year while pursuing a cure for brain cancer," according to the brief.

The mayors also say undocumented immigrants fuel local economies and create jobs by opening small businesses.

The mayors say Obama's policy will improve public safety, as immigrants will no longer fear talking to the police.

Twenty-seven U.S. police chiefs filed an amicus brief stating the same thing.

The mayors focused on mixed-status families, in which some members are legal residents and fear that reporting a crime could lead to the deportation of a loved one.

"It is estimated that 85 percent of immigrants live in mixed-status families, making this a significant consideration," the mayors say in their 28-page brief.

Mayors signed on to the brief include Eric Garcetti of Los Angeles, Annise Parker of Houston, Muriel Bowser of Washington, D.C., and Rahm Emanuel of Chicago.

Judge Hanen, a President George W. Bush appointee, said he will not rule on the injunction request before Jan. 30.

http://www.courthousenews.com/2015/0...mmigration.htm

Read full Amicus Brief, here.
Amicus Brief Signatories:
Mayor Eric Garcetti of Los Angeles, California
Mayor Bill de Blasio of New York, New York
Mayor Kasim Reed of Atlanta, Georgia
Mayor Stephanie Rawlings-Blake of Baltimore, Maryland
Mayor Byron Brown of Buffalo, New York
Mayor James Diossa of Central Falls, Rhode Island
Mayor Rahm Emanuel of Chicago, Illinois
Mayor Steve Benjamin of Columbia, South Carolina
Mayor Nan Whaley of Dayton, Ohio
Mayor Michael Hancock of Denver, Colorado
Mayor Muriel Bowser of Washington, D.C.
Mayor Riley Rogers of Dolton, Illinois
Mayor Pedro Segarra of Hartford, Connecticut
Mayor Annise Parker of Houston, Texas
Mayor Steven Fulop of Jersey City, New Jersey
Mayor Paul Soglin of Madison, Wisconsin
Mayor Betsy Hodges of Minneapolis, Minnesota
Mayor Ras Baraka of Newark, New Jersey
Mayor Jean Quan of Oakland, California**
Mayor Michael Nutter of Philadelphia, Pennsylvania
Mayor Bill Peduto of Pittsburgh, Pennsylvania
Mayor Charles Hales, on behalf of the City Council of the City of Portland, Oregon
Mayor Jorge O. Elorza of Providence, Rhode Island
Mayor John Dickert of Racine, Wisconsin
Mayor Tom Butt of Richmond California
Mayor Lovely Warren of Rochester, New York
Mayor Ralph Becker of Salt Lake City, Utah
Mayor Ed Lee of San Francisco, California
Mayor Gary McCarthy of Schenectady, New York
Mayor Ed Murray of Seattle, Washington
Mayor Francis Slay of St. Louis, Missouri
Mayor Marilyn Strickland of Tacoma, Washington
Mayor Mike Spano of Yonkers, New York
**Because the brief was prepared prior to new Oakland Mayor Libby Schaaf's inauguration on January 5, 2015, former Mayor Jean Quan is listed within it as one of the 33 amici.

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http://www.lamayor.org/press_release

Originally Posted by JohnDoe2

Read full Amicus Brief, here.
Amicus Brief Signatories:
Mayor Eric Garcetti of Los Angeles, California
Mayor Bill de Blasio of New York, New York
Mayor Kasim Reed of Atlanta, Georgia
Mayor Stephanie Rawlings-Blake of Baltimore, Maryland
Mayor Byron Brown of Buffalo, New York
Mayor James Diossa of Central Falls, Rhode Island
Mayor Rahm Emanuel of Chicago, Illinois
Mayor Steve Benjamin of Columbia, South Carolina
Mayor Nan Whaley of Dayton, Ohio
Mayor Michael Hancock of Denver, Colorado
Mayor Muriel Bowser of Washington, D.C.
Mayor Riley Rogers of Dolton, Illinois
Mayor Pedro Segarra of Hartford, Connecticut
Mayor Annise Parker of Houston, Texas
Mayor Steven Fulop of Jersey City, New Jersey
Mayor Paul Soglin of Madison, Wisconsin
Mayor Betsy Hodges of Minneapolis, Minnesota
Mayor Ras Baraka of Newark, New Jersey
Mayor Jean Quan of Oakland, California**
Mayor Michael Nutter of Philadelphia, Pennsylvania
Mayor Bill Peduto of Pittsburgh, Pennsylvania
Mayor Charles Hales, on behalf of the City Council of the City of Portland, Oregon
Mayor Jorge O. Elorza of Providence, Rhode Island
Mayor John Dickert of Racine, Wisconsin
Mayor Tom Butt of Richmond California
Mayor Lovely Warren of Rochester, New York
Mayor Ralph Becker of Salt Lake City, Utah
Mayor Ed Lee of San Francisco, California
Mayor Gary McCarthy of Schenectady, New York
Mayor Ed Murray of Seattle, Washington
Mayor Francis Slay of St. Louis, Missouri
Mayor Marilyn Strickland of Tacoma, Washington
Mayor Mike Spano of Yonkers, New York
**Because the brief was prepared prior to new Oakland Mayor Libby Schaaf's inauguration on January 5, 2015, former Mayor Jean Quan is listed within it as one of the 33 amici.

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http://www.lamayor.org/press_release

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