SCOTUS Immigration Decision Provides Strong Support For Obama’s Immigration Order


Written by Judd Legum

Yesterday, the Supreme Court issued a decision invalidating most of Arizona’s controversial immigration law. Georgetown Law professor David Cole, a vocal civil liberties advocate, called the decision “almost a total victory for the Obama administration,” which challenged the constitutionality of the law.

But the decision signaled that the court also views Obama’s recent immigration directive, halting deportations for many young undocumented immigrants, as legal. Essentially, the court underscored that the federal government has broad discretion under the law to decide who to deport. From the decision:

Congress has specified which aliens may be removed from the United States and the procedures for doing so.  Aliens may be removed if they were inadmissible at the time of entry, have been convicted of certain crimes, or meet other criteria set by federal law.  See §1227. Removal is a civil, not criminal, matter.  A principal feature of the removal system is the broad discretion exercised by immigration officials. See Brief for Former Commissioners of the United States Immigration and Naturalization Service as  Amici Curiae  8–13 (hereinafter Brief for Former INS Commissioners).

…Discretion in the enforcement of immigration law embraces immediate human concerns.  Unauthorized workers trying to support their families, for example, likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service.

Kris Kobach, an immigration advisor for Mitt Romney, said that Obama’s order was illegal. It does not appear likely that the Supreme Court agrees.

This explains why Justice Scalia’s dissenting opinion, upholding the entire law, included a lengthy section blasting Obama’s immigration order. He also read from that section at length from the bench.

This post was originally published by ThinkProgress.


Related Stories:

Scalia Dissent Reads More Like Blog Post

Brewer, Arpaio Declare Victory After SCOTUS Defeat

Immigration Ruling Shows Limits Of State’s Rights


Photo: Roberts Court (2010-) - The Oyez Project/Wikimedia Commons


Jewel C.
Julie Choate5 years ago

Let's face it... OBUMMA has become the epitome of the KISS-CORPORATE-ASS President/Gov't "Official". He's doing everything possible to WIN VOTES in spite of FED. LAWS. This Country needs to ENFORCE the EXISTING LAWS pertaining ti Immigration & SUPPORT THE STATES OF THIS NATION!!! NOT undermine the Constitution by whatever means possible to prove the pathetically superficial ego of a LOSER President who has NEVER EARNED THE RIGHT TO BE A LEADER OF THIS NATION!

Danuta Watola
Danuta W5 years ago

Thank you for this article.

Carole R.
Carole R5 years ago

Thanks for the post.

Winn Adams
Winn A5 years ago

Way to go!

Bar Hoff
Bar Hoff5 years ago

THE FEDERAL LAW (that they are ignoring) the fast and furious gun running , along with
all the other criminal acts, is a slap in the face for the honest citizen of this country
who follows the laws. They are not suppose to arbitrarly inforce some laws, and ignore
others. remove them from the books or do your job... If you enter ANY OTHER COUNTRY
ILLEGALLY YOU GET INPRISIONED (NOT AS CONFORTABLE AS OURS) THEN DEPORTED!! our borders need to be secured, for the safety of American citizens!!

Bill Reese
Bill Reese5 years ago

Tom, please get off the water boarding as we water boarded our own special ops troops in training and it did not kill any of them. Yes, you might get the feeling that you will die, but as Kalid (sp) found out he could laugh at it and the act of water boarding did not convince him to spill the beans. Some it did, and yes some information save America lives.

The Bush Cheney team are 4 years behind us and all their activities were well investigated by Congress so we need to work on the current situation in the white house. Fast and Furious, Illegal Immigration, government suing states for wanting to do the job for the Federal Government.

Bill Reese
Bill Reese5 years ago

Robert, that is Exectutive Privledge that Obama has only used once, he has used his Exectutive Order over 900 times. He now has the autority without input from Congress to take over and controlled at his whim the following: all modes of Transportation, size and control all Communication media (like Russia), all energy systems, Electrical Power, petroleum, fuels and minerals. He can mobilize civilians into work brigades, he can take over all health and welfare functions, and on and on it goes.

Look up Obama's Executive Orders, and start with E.O. 10990, the 10995, 10997,11000,11001, and many others. If he wanted to declare Martial Law, he has given himself the authority to do so without any say from Congress. Does it stink, yes it smell to high heaven.

Robert K.
Robert K5 years ago

I see the right wing hate machine and the right wing stupid machine which requires you to misinterpret everything is out in force today.

Brian F.
Brian F5 years ago

You know frankly, I agree with Jan Brewer, and Arizona. They have a massive problem with illegal immigration, as does the whole nation. What were they suposed to do? If you think Arizona's laws were too harsh, go to Mexico, Spain, the Domonican Republic, sneak into their countries, and see how you are treated after you are caught. Most nations have much harsher illegal immigration laws than the USA.

Mexico has for years not allowed children born to illegal immigrants to stay in the country, and would never even consider our equivalent to the dream act, and yet nobody calls them racist. The Domoincan Republic has for years, not allowed Black Haitens to immigrate because it would overwelm them. Does that make them racist? Mexico's immigration laws have been much harsher than ours and nobody calls them racist. We allow 1 million people to legally immigrate to the USA each year, much kinder than Mexico, and most countries.

Let's focus on increased border patrols, ICE interior enforcement, E-verify, and prosecution of employers who hire illegal immigrants. The Supreme Court decission has been made, let's move on. Perhaps Arizona tried to be a little to harsh, and undermined Federal authority, but the Federal Government should be doing it's job, and although Obama has deported record numbers, of illegal aliens, we need to E-Verify all job applicants, and to put employers of illegal aliens in prison. To date, I have not seen one employer of illegal aliens put in prison, or fi

Tom Sullivan
Tom C S5 years ago

Bush / Cheney should be tried and sent to Gitmo and waterboarded.
Now why the hell does the supreme cout be a lifetime job, I think not 4 year terms is just fine