In the Midst of an Immigration Crisis, Judicial Branch Unlikely to Rule on Presidential Executive Action

Miami, FL (Law Firm Newswire) September 25, 2014 – President Obama has indicated he intends to use his executive powers to take (as yet undefined) action on immigration reform. The House did nothing about it in August.

Politicians have rankled against President Obama’s suggestion to use his executive powers to deal with immigration reform. They argue that such a move has the potential to completely destroy reform potential.

One set of politicians is allegedly suing Obama for abusing his executive powers. “Another faction says that granting temporary, questionable legal status to illegal aliens, without dealing with border security or protecting American workers, ups the likelihood that people will perceive the laws as ambiguous. And that, in turn, could prompt more people to immigrate to the United States illegally,” said Larry Rifkin, a Miami immigration lawyer.

The House left immigration reform hanging while its Representatives went home to get ready for an election. That inaction speaks volumes about their commitment to concrete action on immigration reform. At least Obama seems to be willing to take matters in hand.But is that action going to become a legal issue?

“It may, or it may not. Over the years, the Judicial Branch has ruled inconsistently on the use of executive actions and the checks and balances that they involve. Some even say the President has no power. It’s a divisive issue,” added Rifkin. 

The Supreme Court often refuses to hear cases that involve political questions entirely because of its intended role in lawmaking (or lack thereof).
The last time President Obama signaled that he was prepared to act, his choice was defended as he visibly and effectively, but perhaps not so efficiently, allowed children brought to the United States and born in the country to obtain temporary status.