Council for Global Immigration quoted in article – “Justices May Skirt Constitutional Questions in Immigration Case”

4/21/2016

SHRM, 04/19/2016 –

"The constitutional questions in Texas' challenge of President Barack Obama's immigration programs have attracted the bulk of media attention and interest.

"Did Obama have the prosecutorial discretion, in late 2014, to give nearly one third of the nation's estimated 12 million undocumented immigrants three years of deportation relief and work authorization? In other words, are the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA) and the expanded Deferred Action for Childhood Arrivals program (DACA) constitutional? Or did Obama's actions violate the Take Care Clause of the Constitution—the clause that requires that care is taken in the faithful execution of the laws of the United States.

"Interesting though these questions may be, the case probably will be decided on the simple question of whether Texas, which challenged DAPA and DACA as unconstitutional, had been injured by the programs and therefore has 'standing' so that it could sue.

"…The floodgates of litigation might open if Texas is decided to have suffered an injury such that it can sue.

"…Texas' argument for standing in the DAPA and DACA case is based on the requirement under Texas law that employees with work authorization be granted drivers' licenses.

"…But if Texas is found to lack standing and the programs are upheld as lawful, the injunction will be lifted and the programs can move forward.

"…'If DAPA is allowed to move forward, HR professionals need to know what documents are acceptable for I-9 purposes, as well as what to do if existing employees come forward and announce they are applying or have received DAPA,' noted Justin Storch, manager of agency liaison at the Council for Global Immigration (CFGI), an affiliate of the Society for Human Resource Management.

"…'While no one can predict how the Supreme Court will rule and many believe it will be a split decision leaving the lower court decision against the president's policy in place, if the injunction is lifted and the president is given the green light to move ahead and issue work authorizations, there could be future processing delays for those waiting in the queue,' said Rebecca K. Peters, director of government affairs for CFGI.

"'These delays could happen in any legal immigrant or temporary visa categories given a lack of lead time to hire and train personnel at the agency and given that access to filing fees would only happen after people apply,' she added."

To read the full article, click here. ​