As the Supreme Court ponders President Barack Obama’s initiative on immigration, there are several fundamental questions they need to consider in order to determine whether or not the President has proper standing to allow the non-immigrant parents of children born in the USA to stay here and seek residency. There are an estimated 5.5 million of said individuals in the country now.
Here’s a quick review of four questions the Supreme Court should consider.
1. Do the states that sued over this initiative have “standing” to do so?
Given that any residents in a state would have access to state benefits and state drivers licenses, the answer to this one should be yes as determined twice by the Appellate Courts.
2. Was the process used by President Obama to institute the initiative legal?
Remember, this was not a law change, but instead a directive to ignore the law. The states claim that while it is not a law, it has the same force as law. Therefore, the President is not allowed to change laws without Congress. The administration counters, “it’s not a change to the law.”
3. Was the directive given to the Department of Homeland Security legal?
Opponents believe that the initiative bestows many of the same rights as citizens while ignoring the immigration laws that were set forth to do just that. The administration counters that there is a financial benefits to actually letting them stay.
4. Does the initiative violate the Take Care Clause of the Constitution, Article II, section 3?
While the President and DHS are required to provide faithful execution of the laws of the land, proponents of the initiative are quick to point out the laws are vague and subject to some level of discretion.
That’s the conflict in a nutshell. The Supreme Court has decided to review the situation and issue some type of ruling around June of this year, prior to the election. For now, this will continue to be an issue that divides a nation.