Tag Archives: DAPA

Analyzing oral arguments in United States v. Texas

by Adam White — Tuesday, Apr. 19, 2016

Wednesday, April 20, 2016 | 4:00 PM – 5:00 PM Eastern | Teleconference Today the Supreme Court heard oral argument in United States v. Texas, one of the year’s most closely watched cases on constitutional and administrative law. The State of Texas and other plaintiffs challenge the Department of Homeland Security’s guidance on enforcement of […]

U.S. v. Texas – A Correction that Strengthens the Argument, by Michael Kagan

by Guest Blogger — Tuesday, Apr. 12, 2016

Earlier this week, in my commentary on Texas’ brief in the DAPA case, I wrote that “In order to get a Social Security number, non-citizens must be ‘lawfully present in the United States as determined by the [Secretary].’” That’s actually not quite correct. A non-citizen must be deemed “lawfully present” to receive Social Security benefits. […]

U.S. v. Texas – Texas Narrows Its Attack, by Michael Kagan

by Guest Blogger — Saturday, Apr. 9, 2016

Last month I offered some thoughts on the Obama Administration’s opening brief in United States v. Texas, the pending Supreme Court challenge to the President’s deferred action policies for unauthorized immigrants (known as DAPA and DACA). Texas has now filed its brief opposing the programs. Looking at this from the 10,000 foot level, there are […]

U.S. v. Texas – Some Observations as the Briefing Begins, by Michael Kagan

by Guest Blogger — Wednesday, Mar. 9, 2016

Last week the Obama Administration filed its opening brief in United States v. Texas, the pending case at the Supreme Court challenging President Obama’s immigration deferred action programs, known as DACA and DAPA. We haven’t seen Texas’ brief yet, but here are some initial reactions: Justice Scalia’s Mixed Legacy for Deferred Action Justice Scalia’s death […]

DAPA, “Lawful Presence,” and the Illusion of a Problem, by Anil Kalhan

by Guest Blogger — Friday, Feb. 12, 2016

In an essay published earlier this week, Prof. Michael Kagan expresses concern that “one aspect” of the Obama administration’s executive actions on immigration might be vulnerable when the Supreme Court adjudicates United States v. Texas later this year. In particular, Kagan worries that the plaintiffs might “have a valid point” when they assert that the administration’s initiatives—Deferred […]

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DAPA’s Unlawful Presence Problem, by Michael Kagan

by Michael Kagan — Saturday, Feb. 6, 2016@MichaelGKagan

Like many immigration law professors, I have long thought that President Obama’s deferred action programs are within the Executive’s statutory and constitutional authority. But as I re-read the Fifth Circuit opinion and the briefs in US v. Texas, I am becoming persuaded that the states challenging DAPA may have a valid point about one aspect […]

Mooting the APA Challenge to Obama’s Immigration Policy

by Andy Grewal — Wednesday, Jan. 27, 2016

In a characteristically thoughtful post, my co-blogger Daniel Hemel considers a puzzle raised by the ongoing battle over the Obama administration’s decision to offer relief to some unlawful aliens. The Supreme Court, in United States v. Texas, will soon consider the legality of the administration’s actions under the “Deferred Action for Parents of Americans and […]

Policy, Politics, and Administrative Law: The Obama Administration’s Deferred Action Program

by Connor N. Raso — Monday, Apr. 20, 2015

The Obama administration’s deferred action program for eligible undocumented immigrants has thrust an obscure issue into the spotlight: when must federal agencies allow the public to comment on their policy initiatives? In February, a federal judge issued a temporary injunction against the program largely on the grounds that the Department of Homeland Security’s (DHS) decision […]