CFGI quoted – “DOJ Seeks Supreme Court Rehearing in Immigration Case”

7/27/2016
SHRM


The upcoming presidential election likely will affect whether the Supreme Court decides to rehear a case that put a stop to two of President Barack Obama's immigration programs.

“In a deadlocked decision, the Supreme Court on June 23 upheld a lower court's injunction of two immigration programs, one that allowed undocumented immigrants to work and the other that permitted immigrant children born in the United States to stay in the country. The decision left the injunction in place but does not have any precedential value…since it was a tied (4-4) opinion. 

“…If presumptive Democratic party presidential nominee Hillary Clinton wins the election, one of two things will happen: either the Senate will appoint Merrick Garland—whom Obama nominated to fill Justice Antonin Scalia's seat…or Clinton will nominate another judge to go through the confirmation process, said Justin Storch, manager of agency liaison at the Council for Global Immigration, an affiliate of the Society for Human Resource Management. 

“In either of those scenarios, the case is likely to be reheard and the injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and expanded Deferred Action for Childhood Arrivals (DACA) program overturned, Storch predicted. 

“…Storch thought it was unlikely the case would be reheard before the election or if Republican party nominee Donald Trump wins.

“…‘From a business point of view, without a definitive decision, employers continue to be under the gun to comply with the requirements…and are subject to…penalties for violations’…said [Mira Mdivani]. ‘…Employers are at risk of hiring workers with fake documents…’

“…If the Supreme Court grants rehearing in this case, it is likely a rehearing won't take place until after a new president takes office…” 

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