The Supreme Court of the United States is considering whether to hear an immigration case that could have wide-spread implications even beyond the immigration scope. They are considering whether to hear the case of President Obama’s executive action which offered deportation relief to millions of undocumented immigrants.
If the Supreme Court declines to hear the case, then it will be literally impossible for the President to be able to use his executive action for immigration reform before leaving office. If, however, the Supreme Court decides to hear the case, it is President Obama’s last and best chance to leave an immigration legacy before the end of his last term in office.
Caught in the middle, are millions of innocent undocumented immigrants who want a chance to live the American Dream. Currently, an executive action to mirror the Dream Act is available to undocumented immigrants who qualify. President Obama sought to expand this program to include undocumented parents of U.S. citizens or lawful permanent residents but a lawsuit by the Texas Attorney General has this executive action in limbo.
Many legal experts believe that the President will prevail and that the law is on his side. Prosecutorial discretion and executive action have been used for decades by administration officials and prosecutors. For instance, as a former Trial Attorney for the Immigration and Naturalization Service, I used prosecutorial discretion many times in removal proceedings. Our job was to represent the U.S. Government, not to prosecute undocumented immigrants for deportation. Each case stands on its own merit, however, discretion must be used in the case of families who have been in the U.S. for many years and have spotless records.
Millions of undocumented immigrants and their families are watching as the political process races towards presidential Election Day. While the undocumented cannot vote, many former undocumented immigrants are now U.S. citizens and their voices will be heard on Election Day. As we watch the Republican debates, it is clear that each candidate is attempting to outdo the other when it comes to a harsh stance on immigration. Once they win the nomination, however, they will most certainly have to step back from the restrictive immigration policies if they want to have a chance to win the general election against the democrats.
