Two cases going to the Supreme Court
There are two major court cases working their way through the legal system right now, and they could change the face of our American immigration system greatly. The first case, Texas v. United States, is a case that challenges the constitutionality of the expansion of Obama’s Deferred Action for Childhood Arrivals (DACA) and the creation of the Deferred Action for Parental Accountability (DAPA) programs. For those of you who have read my prior posts on the subject now that I believe the program is constitutional although I am concerned about the limits of that authority and how future Presidents may use it. If the Supreme Court were to rule that DAPA and the DACA expansion were unconstitutional, those program would never be implemented, which would leave many immigrants without a path to legal status.
The other case, a class action lawsuit by the name of Doe v. Johnson, challenges the inhumane conditions that detained immigrants are forced to endure. Specifically the plaintiffs that conditions in all of the Tucson Sector Border Patrol facilities violate the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act. The lawsuit seeks to force the Tucson Sector of the Border Patrol to bring its detention facilities in line with Constitutional standards, including limiting the time a person may be detained in holding cells to a few hours, providing adequate food, water, and medical care, beds and bedding, access to showers and hygiene supplies, and maintaining appropriate capacity limits and temperature controls, among other reforms. The evidence will likely make it abundantly clear that the Tucson Border Patrol has poorly treated these immigrants. The Supreme Court will likely write a scathing opinion.
What will the Supreme Court decide?
With regards to Texas vs. United States, I feel as though the court will decide that President Obama’s actions were constitutional, and the DACA extension and DAPA program will be allowed to move into law. The key issue is whether states have legal standing to bring a claim challenging a federal program. If there is standing, then the court gets to the meat of the argument. The Court could find standing and yet still uphold Obama’s executive action. But doing so would cause a flood of litigation as states will file challenges to every regulation they don’t like. I personally don’t believe there is standing in this case. These programs are legal. The states that are contesting the programs are trying to stop them from entering into law.
As for Doe v. Johnson, I feel as though the court will decide pretty quickly. There is no doubt that the conditions in these detention centers are terrible, the only question is what the remedy is. The plaintiffs are seeking to enjoin the Border Patrol from bad conduct and to make sure that they act correctly. This gives the court the opportunity to rule on what conditions are appropriate. The opinion may have a lasting effect.
How can you protect yourself from the impact of these decisions?
One of the most important things you can do during this process is to make sure that you are protected no matter the outcome. If the decisions come down the way we hope they do, then you will be protected by the decisions. If they do not come down that way, then you will need to be protected by other means. For example, you should try to determine whether or not you are eligible for legal status, and if so, begin that process as soon as possible. We have a free questionnaire on our website that I would recommend checking out, www.QualifyForLegalStatus.com, as it will save you a lot of time and help to set you on the path towards normalcy in the U.S. If you want to speak to one of our staff members, we offer two programs that can help ensure that you are protected no matter what situation you encounter.
The first program we offer is our SAFE program. The purpose of this program is to minimize your chances of being arrested for any crime or immigration violation. We create an ID card for you that you can keep with you at all times and present to an officer if you are ever stopped by law enforcement. This card makes it clear you are represented by an attorney. All you have to do is present the card to the officer and inform them that you will not answer any questions without your lawyer present. On the back of the ID card is a list of some of your constitutional rights, as well as 24/7 phone number that is manned by an answering service. The point is to avoid you providing information to law enforcement that will result in your arrest. When you purchase this package you also receive a 30-minute consultation with one of our knowledgeable staff members every year, free of charge.
We also have a program called the SECURE program, which applies specifically to immigration issues. When you are first detained by immigration, your family normally would need to scramble to find you legal representation. Once a lawyer has been found for you, there will need to be multiple trips back and forth to have you fill out paperwork, sign forms, and give information to the lawyer. What our SECURE program does, is make sure that all of that is taken care of beforehand. We will run a background check in order to make sure we know anything ICE knows, and make sure that we can be as efficient as possible in getting you out of ICE custody as soon as we can.
With the Secure program you get:
- Safe program for two years,
- Preparation for Deferred Action. If the program is approved you will be ready to apply fast,
- Criminal background check,
- Immigration background check, and
- Bond Package to immigration. This includes an attorney representing you before an immigration judge
If you are interested in any of these programs, please reach out to us and let us know so that we can get everything in order and start protecting you as soon as possible.
No matter what happens in these cases, it is also very important to remain up to date and educated with regards to these court cases. The decisions will have major impacts no matter the decision. Make sure to follow us on Facebook, twitter, or read out blog regularly to remain up to date. Just go to any of those social medial programs and search for Andres Mejer Law. Make sure you subscribe to our programs and review them regularly.
This year is going to be very interesting with regards to our nation’s legal system, and I am very interested to see if justice prevails. As far as I can tell, both of these cases have pretty clear-cut answers, and I would expect the members of the United States Supreme Court to view them the same way.
If you are ready to speak to our knowledgeable staff call 888-695-6169.