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| Re: District court declares Obama immigration action unconstitutional (1248301) | |||
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Re: District court declares Obama immigration action unconstitutional |
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Posted by italianstallion on Thu Dec 18 18:46:52 2014, in response to Re: District court declares Obama immigration action unconstitutional, posted by AlM on Thu Dec 18 18:11:06 2014. Here's one:http://www.nytimes.com/2014/11/21/us/politics/obamas-immigration-decision-has-precedents-but-may-set-a-new-one.html Mr. Bush moved in 1990 to allow 1.5 million undocumented spouses and children of immigrants who were in the process of becoming legal permanent residents to stay in the country and obtain work permits. At the time, that amounted to about 40 percent of the immigrants living without documentation in the United States. Mr. Obama’s order would affect about 45 percent of the undocumented immigrants. Here's the legal justification for such action: http://www.justice.gov/sites/default/files/olc/opinions/attachments/2014/11/20/2014-11-19-auth-prioritize-removal.pdf Further, and notably, additional provisions of the INA expressly contem- plate that the Secretary may grant work authorization to aliens lacking lawful immigration status—even those who are in active removal proceedings or, in certain circumstances, those who have already received final orders of removal. See id. § 1226(a)(3) (permitting the Secretary to grant work authorization to an otherwise work-eligible alien who has been arrested and detained pending a decision whether to remove the alien from the United States); id. § 1231(a)(7) (permitting the Secretary under certain narrow circumstances to grant work authorization to aliens who have received final orders of removal). Consistent with these provisions, the Secretary has long permitted certain additional classes of aliens who lack lawful immigration status to apply for work authorization, including deferred action recipients who can demonstrate an economic necessity for employment. See 8 C.F.R. §274a.12(c)(14); see also id. §274a.12(c)(8) (applicants for asylum), (c)(10) (applicants for cancellation of removal); supra note 11 (discussing 1981 regulations). |
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