From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
The U.S. Supreme Court may yet again be deciding a case involving immigration policy and driver’s licenses.
A group of 14 states, led by Texas, May 1 filed a brief in support of Arizona in a battle over former President Barack Obama’s deportation protection program for young, undocumented immigrants ( Brewer v. Ariz. Dream Act Coal. , U.S., No. 16-1180, amicus curiae brief filed 5/1/17 ).
Arizona was sued after refusing to provide driver’s licenses to immigrants protected by the deferred action for childhood arrivals program. The state so far has lost in the lower courts.
The case could be Texas’s second chance to argue against Obama’s use of executive authority in the area of immigration.
Texas brought a separate lawsuit challenging Obama’s expansion of DACA and his deferred action for parents of Americans and lawful permanent residents program, both of which came out in 2014. After the U.S. Court of Appeals for the Fifth Circuit found the programs unlawful, the case made its way to the Supreme Court in 2016.
Texas told the Supreme Court it would be harmed by having to provide driver’s licenses to program recipients. The justices tied 4-4 in the Texas case in June 2016.
But if the justices take Arizona’s case this year, the presence of newly confirmed Justice Neil Gorsuch would severely lessen the chance for another tie vote.
Alabama, Arkansas, Georgia, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Tennessee and West Virginia, and Mississippi Gov. Phil Bryant (R) have joined Texas’s brief in the Arizona case.
Arizona sought Supreme Court review of the case in March, arguing that the U.S. Court of Appeals for the Ninth Circuit’s decision essentially upholding DACA conflicts with the Fifth Circuit’s decision in the Texas case. The Ninth Circuit ruled that Arizona had illegally created its own category of immigrants, which it can’t do because the federal government has sole authority in this area.
The appeals court in February denied Arizona’s request for the full court to hear the case. But Judge Alex Kozinski and five other judges, dissenting from that denial, warned that approval of this type of executive action could give President Donald Trump more authority than the other judges intended.
But the question is whether the federal government can override the states on immigration issues when it’s just a memorandum issued by the executive branch, rather than a law passed by Congress.
Arizona says it was following the immigrant classifications of the Immigration and Nationality Act when it set its driver’s license policy, and that the president didn’t have the authority to change them unilaterally.
“This lawsuit presents essentially the same issue and the same state interest” as the Texas case, Texas and the other 13 states said in their brief. “If the Executive can unilaterally make aliens lawfully present, and thus eligible for driver’s licenses, that ‘would have a major effect on the states,’” causing millions of dollars of losses, they said, quoting the Fifth Circuit decision.
To contact the reporter on this story: Laura D. Francis in Washington at email@example.com
Text of Texas's brief is available at http://src.bna.com/otV, and Arizona's Supreme Court petition at http://www.bloomberglaw.com/public/document/Janice_K_Brewer_former_Governor_of_Arizona_et_al_v_Arizona_Dream_.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)