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Helping Immigrants Around the Globe

North County Immigration provides our clients all immigration legal services.

Timing of Executive Action Lawsuit Crucial for Supreme Court Possibility and 2016 Elections

The 26-states Immigration lawsuit against the Obama Administration made the argument that President Obama went too far in deciding to let the millions of immigrants waiting at the gate to stay and work. The president and his lawyers disagree. So on July 10, the appeals court is holding a hearing where lawyers for the federal government and the opposing 26 states will try to persuade the judges that their view of the law is right. Then everyone waits to let the appeals court judges come back with a decision, which could take weeks to months.

Whatever the appeals judges decide, it’s likely the losing side will appeal to the U.S. Supreme Court. However, The Supreme Court however goes into recess on June 29 and not start up again until Oct. 5. The court then has a choice on whether or not it wants to weigh in on the case. If it doesn’t, what the 5th Circuit decides stands. If the Supreme Court does take the case, it will schedule arguments and hear from both sides in its next session. Then there’s more waiting until the Supreme Court returns with its decision.

When the U.S. Supreme Court starts its next session in October, the 2016 elections will be building up speed. The first state primaries, which next year feature the presidential race, are scheduled in February. Immigration already is getting a lot of attention from candidates and media on the campaign trail and the Immigration court cases are likely to keep that going. Congress can still pass laws that let immigrants stay and work or that would deport them. But so far, work on legislation has been slow going and what is moving is likely to run into hurdles, such as a presidential veto. At that rate, the issue could be passed on to whomever takes office in November, both at the White House and in Congress.

Many Immigrants while waiting continue to get ready and are being helped to prepare for the possibility that the courts will decide Obama is right on executive action by gathering documents, saving application money and making sure their taxes are paid up in order to make things run as smoothly as possible. While it is frustrating for potential applicants, the viability of the programs under Executive Action is still alive and well.