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Supreme Court to Vote on Obama's Immigration Policy

The United States Supreme Court will vote on President Obama’s proposed immigration plan sometime this April, with a decision likely to be issued in June 2016. The offered plan could potentially shield up to 4 million people from possible deportation by allowing illegal immigrants with children who are US citizens or permanent lawful residents to stay in the country. In addition, those who were brought to the US under the age of 16 will be allowed to stay provided that they meet certain educational requirements or serve in the military.

Up until this point, the plan has been blocked by a lawsuit brought upon the federal government by 26 states, citing that provisions of the proposed plan would allow people to apply for work permits, driver’s licenses, and Medicare, and unemployment benefits, costing the states millions of dollars to accommodate for these new residents.

Rulings in lower courts have declared that the Obama administration should have consulted with the public first, since the proposed changes were so vast. In contrast, the Obama administration has argued that seeking public comment is unnecessary because the nation’s deferred action policy has essentially allowed illegal immigrants the same privileges for decades.

What is the “Take Care” Clause?

Much of this debate has surrounded the constitution’s “take care” clause, which requires the president to “take care that the laws be faithfully executed.” The states have argued that the president’s plan is unconstitutional because it does not adhere to a stringent enforcement of immigration procedure. The administration, on the other hand, has claimed that this plan addresses the federal government’s lack of resources to deport the 11 million illegal immigrants already here. Since deporting everyone is such an unrealistic and extreme solution, the administration claims to instead refocus its efforts on deporting criminals and terrorists.

If passed, the Obama administration could potentially begin implementing these changes within the final months of President Obama’s term. If not, this plan could continue to be on hold for several more years.

Need Legal Help? Contact David F. Vedder, P.A.

At David F. Vedder, P.A., our highly skilled Volusia County immigration lawyers have helped countless clients with their immigration needs for more than 35 years. With a 100% dedication to immigration law, we know your rights and we know how to get the results you need.

To get started, contact our office online or call (386) 968-8880.