The “Take Care Clause,” the Supreme Court, and Immigration Reform

Ever since President Obama announced his executive action on immigration in November 2014, opponents have filed lawsuit to challenge them. We have covered the lawsuits and the delays, knowing that if the Supreme Court denied to take the case, 4 million people could be at risk of deportation.

On January 19^th, the Supreme Court agreed to weigh in and decide whether President Obama acted legally or overstepped his executive powers in making immigration reforms. Pundits believe that the Supreme Court will likely not decide the case until June of this year. The legal controversy the Court will decide is whether the President is violating or upholding the “Take Care Clause” of the Constitution.

What will the Supreme Court examine?

Is the lawsuit allowed?

The Supreme Court first will determine whether or not Texas and 25 other states, including Tennessee, has a right to challenge the policy; the law labels this as “standing.” As long as one of the 26 states has the right, then the lawsuit will go forward. The plaintiffs in this case, Texas and the other states, argue that if the executive action goes forward, they will be on the hook for substantial additional costs, funded by the states, not the federal government.

The Obama Administration argues that states rarely have a right to sue to challenge decisions by the executive branch about how it will enforce federal laws. That doesn’t change, the administration continued, when the policy at the heart of the conflict may have “collateral consequences” for the immigrants who may benefit from the policy. The administration added that Texas already chose to allow certain immigrants “to apply for temporary driver’s licenses and the state itself subsidized the costs, and nothing in the new immigration policy would prevent Texas from changing or getting rid of the driver’s license program at any time.”

Can the Obama Administration change the laws (and are they trying to do so)?

If the Court allows the States to bring suit and grant them “standing,” the Supreme Court will likely address is whether or not the President can issue a new immigration policy. The lawsuit contends that the Administration cannot, but the Administration claims that though “Congress makes immigration law… it has given the executive branch discretion to make decisions about immigration and deportation, including who gets to stay in the country.”

This is where that “take care” clause comes in. Article II of the Constitution reads that a President “shall take Care that the Laws be faithfully executed.” The Supreme Court has solicited legal arguments (briefs) and will – possibly for the first time in history – make a decision about whether or not the President’s actions are legal under that clause. The legal question is whether the president’s actions effectively nullify federal law; if so, they are unconstitutional; however, if the President’s actions simply channel enforcement resources to other areas if law, it is within the President’s discretion to do so.

Immigration law is extremely complicated, and lawyers, citizens, scholars, and judges hold varying views about the meaning of the “take care” clause in the Constitution. Check back often for updates regarding this important immigration decisions. If you have need of a Nashville immigration attorney, please contact the Law Office of Perry A. Craft, PLLC to schedule an appointment.