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Thread: 5 things to know about the court's immigration deadlock

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  1. #1
    Senior Member lorrie's Avatar
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    Jan 2006
    Redondo Beach, California

    5 things to know about the court's immigration deadlock

    5 things to know about the court's immigration deadlock

    By Jordan Fabian - 06/23/16 03:57 PM EDT

    The Supreme Court on Thursday deadlocked 4-4 on President Obama’s controversial executive actions on immigration.

    The tie vote effectively kills two programs that would have allowed millions of undocumented immigrants to live and work in the U.S. by leaving in place a lower court injunction that blocks their implementation.

    Here’s what you need to know about what the ruling means:

    Who is affected?

    It’s not clear precisely how many people have been affected by the two programs, though the Department of Homeland Security estimated that 4.9 million people could have been eligible for temporary deportation relief.

    The nonpartisan Migration Policy Institute put the number at 5.2 million — almost half of the entire undocumented population in the U.S.

    The first program is called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA. It would have allowed parents of U.S. citizens or lawful permanent children to apply for a three-year reprieve from deportation and work permits.

    The second is an expansion of a 2012 program called Deferred Action for Childhood Arrivals (DACA), which allows certain young people brought to the U.S. illegally as children to apply for similar relief.

    Obama wanted to remove an age limit on the program and allow people who arrived before 2010 — instead of 2007 — to be eligible for relief.

    The 728,000 people who have received relief under the existing DACA program will not be affected by the Supreme Court’s ruling.

    Why did the court split?

    Justice Antonin Scalia’s death in February left the court with only eight justices.

    The bench is split between four Democratic and four Republican appointees, but the court published a one-sentence opinion that did not reveal which side each individual justice took.

    The court appeared to be divided on ideological lines in April during oral arguments.

    Anthony Kennedy, a typical swing voter, seemed to side with Texas and the 25 other states who sued the administration to stop the programs.

    Senate Republicans have refused to hold hearings or a vote on Obama’s Supreme Court nominee, Judge Merrick Garland, arguing that the next president should pick Scalia’s successor.

    While it’s impossible to predict how justices will decide cases, it’s likely Obama would have received a favorable outcome had Garland been on the bench.

    What happens now?

    If a ninth justice is confirmed before Obama leaves office, the administration could ask the court to rehear its appeal on the nationwide injunction imposed by the lower courts.

    Meanwhile, the case returns to the federal court in Brownsville, Texas, to be argued on its merits.

    Texas is seeking a permanent injunction against the programs. If Judge Andrew Hanen, who issued the initial injunction, again sides with the states, the federal government could possibly appeal that decision, and it could eventually work its way back to the Supreme Court.

    What do Donald Trump and Hillary Clinton want to do with the programs?

    The programs' chances of survival depend on who is elected president in the fall.

    Clinton, the presumptive Democratic presidential nominee, has praised Obama’s initiatives and pledged to continue their legal defense if she’s in the White House. She has even said she would “go further” than Obama has in using executive power if Congress fails to pass new immigration laws.

    “As president, I will continue to defend DAPA and DACA, and do everything possible under the law to go further to protect families,” she said in a statement Thursday.

    Trump, the presumptive GOP nominee, has said he would do away with Obama’s executive actions, and on Thursday he expressed relief at the Supreme Court’s tie vote.

    “SC has kept us safe from exec amnesty — for now. But Hillary has pledged to expand it, taking jobs from Hispanic & African-American workers,” he tweeted.
    The Republican standard-bearer has pledged a nationwide crackdown on illegal immigration. He has said he would create a “deportation force” to remove most of the 11 million undocumented immigrants in the U.S. and called for the construction of a giant wall along the nation's border with Mexico at its expense.

    What do people think of the programs?

    Pollsters haven’t recently asked about Obama’s programs. But a November Bloomberg Politics survey showed 63 percent of Americans believe the president’s deferred action policy for young immigrants should continue, compared to 30 percent who said it should not.

    The programs are even more popular among Latino voters.

    Trump built an energetic following during the Republican presidential primary with his hard-line approach to immigration. But his approach is not as popular with the general public.

    Two-thirds of Republicans back his call for a border wall, but nearly 6 in 10 Americans oppose building it, according to a new Public Religion Research Institute poll.

    Either way, immigration is likely to be an animating issue for voters in the fall. The topic was second only to the economy when Gallup asked Americans last month what challenge is the most pressing for the next president to address.

  2. #2
    Senior Member southBronx's Avatar
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    Jul 2010
    Now I know why obama had to buy more land so he could have the illegal immigrants on that land . good for you trump do away with it Hillary could care less about the usa i don't mind them if they came in the right way. But we need job's & obama don't care about us
    he could care less about our country good luck trump
    Beezer and Judy like this.

  3. #3
    Senior Member Judy's Avatar
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    Aug 2005
    I care about them when we already have too many immigrants of all types from everywhere. We have too many people in the United States and are overpopulated, all caused by foreigners coming here either as illegal aliens or immigrants. It all has to stop.

    Demand a 10 to 20 Year Moratorium on All Immigration. Now.
    pkskyali and JohnK like this.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at

  4. #4
    Senior Member JohnDoe2's Avatar
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    PARADISE (San Diego)
    And now the bad news.

    Because it didn't set a precedent

    the illegal alien supporters can try to get the Supreme Court to rehear the entire case in the future.

    A tie vote sets no national precedent but leaves in place the ruling by the lower court. In this case, the federal appeals court in New Orleans said the Obama administration lacked the authority to shield up to 4 million immigrants from deportation and make them eligible for work permits without approval from Congress.

    Antonin Scalia's death could lead to more 4-4 ties. Here's what ... - Vox

    Feb 13, 2016 - The sudden death of Supreme Court Justice Antonin Scalia means the ... In the case of a tie, the lower court's decision is upheld and no precedent is set. ... The Court would have the option to rehear the cases in the following term ...

    @ Obama immigration plan blocked by 4-4 tie at Supreme Court

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.

    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here

  5. #5
    Senior Member
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    Jan 2012
    New York Times story... more graphs at link - a big mispeak is "brought by parents" - mostly all that sneakered in since 2003 were young and alone w/o parents yet they categorized them as those brought 20 yrs ago with parents and are stuck now, (a statement to invoke sympathy). Another great 'pull the wool over their eyes' by the admin.

    Supreme Court’s Decision on Immigration Case
    Affects Millions of Unauthorized Immigrants


    The Supreme Court announced a 4-4 decision in a case
    challenging President Obama’s plan to shield as many as five

    million unauthorized immigrants from deportation and to
    allow them to work in the United States. The decision leaves

    in place an appeals court ruling blocking the president’s
    ambitious plan, dealing a sharp blow to a program that Mr.
    Obama had hoped would be one of his central legacies. Related Article

    Who Would Have Gained
    Protection, but Did Not

    Just under half of the nation’s unauthorized immigrant population – estimated currently at about 11 million – could have potentially benefited from programs President Obama announced in November 2014.

    Mr. Obama’s programs for parents and children – Deferred Action for Parents of Americans and Lawful Permanent Residents, known as DAPA, and Deferred Action for Childhood Arrivals, known as DACA – would have protected three categories of unauthorized immigrants:

    DAPA (parents)
    Unauthorized parents of children who are United States citizens or legal permanent residents born on or before Nov. 20, 2014. To qualify, parents must have been in the United States since Jan.1, 2010.

    DACA (children)
    Unauthorized immigrants born after June 15, 1981 who were brought to the United States before their 16th birthday and have been in the country since June 15, 2007.

    Expanded DACA (children)
    Unauthorized immigrants brought to the United States as children before January 2010.

    Unauthorized immigrants eligible for ... DAPA: 3.6 million
    Expanded DAC: 275,000
    Existing DACA: 1.2 million
    Ineligible for all programs: 6 million Source: Migration Policy Institute

    Mr. Obama’s plan granted DAPA-eligible immigrants authorization to work in the United States for three years at a time.

    It also expanded the DACA program, which allows eligible young people to apply for deportation deferrals and work permits, to include unauthorized immigrants who entered the United States before January 2010, from the current cutoff of June 15, 2007. The expansion also eliminated the requirement that applicants be younger than 31 years old.

    The status of young people who had qualified for the initial DACA program, which was created in 2012, were not at issue in the Supreme Court case. However, they could have also benefited from the decision, because the 2014 initiative increased the deferral period to three years from two years.

    According to the Migration Policy Institute, more than 10 million people live in households with at least one potentially DAPA-eligible adult. Two-thirds of these adults have lived in the United States for at least 10 years, The majority of those eligible for all of Mr. Obama’s initiatives, shown below, live in three immigrant-heavy states: California, Texas and New York.

    Eligible unauthorized immigrants
    largest circle =1 million, medium circle = 100,000, small circle - 10,000

    Nationally, unauthorized immigrants represent about a quarter of the total foreign-born population. Growth in the unauthorized immigrant population has slowed significantly since 2007, driven in part by a decline in immigrants from Mexico, where more than half of those immigrants were born. An increase in deportations and fewer economic incentives to come to the United States after the recession have contributed to the decline.

    In the lawsuit, the states accused Mr. Obama of ignoring federal procedures for changing rules and of abusing the power of his office by sidestepping Congress. A federal district court in early 2015 issued an order to block the initiatives from going forward while the legal case proceeded. An appeals court affirmed the ruling and added a broader one, saying that the program also exceeded Mr. Obama’s statutory authority.
    Last edited by artist; 07-04-2016 at 03:19 PM.

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