Court Battles

Supreme Court sets April hearing for immigration case

Greg Nash

The Supreme Court has set a date for oral arguments in a case challenging President Obama’s executive actions on immigration.

The case, United States v. Texas, will be argued on April 18, a Monday.

{mosads}The programs Obama launched through executive action last year to shield as many as 5 million immigrants from deportation have been on hold since a federal judge ruled that Texas and 25 other states have a legitimate basis to challenge them.

The states argue the Deferred Action for Parents of Americans (DAPA) and Deferred Action for Childhood Arrivals (DACA) programs would increase their costs for healthcare, law enforcement and education. Texas specifically claims it would be financially burdened by having to issue more drivers’ licenses, which is now a state-subsidized benefit.

The justices are being asked to weigh whether the actions are illegal and whether a state that voluntarily provides a subsidy to some immigrants has standing to the bring the case.

Because the government argues that the programs serve as guidance for the Department of Homeland Security on which immigrants to deport, the justices will also consider whether that guidance was subject to notice and comment procedures under the Administrative Procedure Act. 

Earlier this week, the House said it would vote in the coming weeks on whether to allow Speaker Paul Ryan (R-Wis.) to file a brief on the legality of the president’s actions. Ryan reportedly said the president is “not permitted to write law — only Congress is.”

“The House will make that very, very clear, and we will do so as an institution on behalf of the American people, on behalf of representative self-government,” he added.

Tags DACA Deferred Action deferred action for childhood arrivals Deferred Action for Parents of Americans Illegal immigration to the United States Paul Ryan Texas v. United States

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