The Supreme Court Should Hurry Up And Wait On Immigration

[Draggingtree]

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The Obama administration wants to push the Supreme Court into a landmark separation-of-powers decision over its immigration overreach.

By Ilya Shapiro and Josh Blackman NOVEMBER 24, 2015

On Friday, less than two weeks after a federal appellate court affirmed the injunction against President Obama’s executive action on immigration, the administration asked the Supreme Court to give the case “immediate review.” Despite the administration’s desperate plea to resolve the case as soon as possible—to allow a policy whose general thrust we agree with to proceed—the justices need not rush what could become a landmark separation-of-powers case.

 

Let’s recall how we got here. On November 20, 2014, exactly a year before the government’s latest filing, President Obama announced Deferred Action for Parents of Americans (DAPA). This policy purports to rely on “prosecutorial discretion” not just to prioritize the deportation of felons over families—nobody challenges that authority—but to systematically convey deferred status to millions of aliens in a formal way that grants work authorization and other benefits. Texas and 25 other states filed suit, and Judge Andrew Hanen temporarily enjoined DAPA in February. DHS simply had not gone through the proper notice-and-comment procedures for changing its rules.