Frank Sharry: “If the courts stand in the way for now, we will make sure the politics start to pave the way forward”
Today’s tie at the Supreme Court is a tremendous blow to millions of immigrant families who are overdue for relief. They work hard, contribute to America and want only a chance to live without fear of being ripped away from their families and to continue working in the country they now call home.
It also reflects what happens when politicians and members of the judiciary play politics with people’s lives. Rather than calling out Texas on its outrageous perversion of what it means to have “standing in a case,” Chief Justice John Roberts went along with his party. And because Republicans in the Senate refuse to do their job and appoint a successor to Justice Scalia until the elections are over, they are leaving the Court without a tie-breaking vote at a time that major national cases are on their docket.
But the fight is not over. While today’s decision was not what we had hoped for, a tie is not a loss. This ruling is not the end of this case. Here’s why:
A 4-4 split means this current Supreme Court could not make a decision and sets no national precedent. That means that the 5th Circuit’s ruling upholding Judge Andrew Hanen’s preliminary injunction should be limited to the three states that make up the 5th Circuit: Texas, Louisiana and Mississippi. However, Hanen vastly overstepped his authority by issuing a nationwide injunction.
It’s incumbent upon the Obama Administration and the states hurt by Texas’ action to do everything in their power to rein in Judge Hanen and limit his preliminary injunction to the 5th circuit.
For too long, Republicans at the state and federal have blocked implementation of these programs. Now it’s time for Democrats at the state and Federal level to take action.
Over the next few weeks and months, we will work to ensure the Administration leaves no stone unturned in getting DAPA and DACA+ implemented where possible and we’ll also be working to defeat any politician who stands in our way.
We will work hard to make sure that President Obama’s stated immigration enforcement priorities–which target serious criminals and national security risks–are actually followed in a manner that protects hard working immigrants who toil the shadows so that their children can have a better life; and that the next president does not use immigration law to break up more families.
According to Frank Sharry, Executive Director of America’s Voice, “This case has always been about anti-immigrant politics–from the 26 Republican Governors and Attorneys General to the District Court Judge who is defined by his anti-immigrant views. If the courts stand in the way for now, we will make sure the politics start to pave the way forward. We are confident that Latinos, Asian-Americans, immigrants and their allies will turnout this November to elect a President who understands that Obama’s immigration executive actions are soundly legal as well as a U.S. Senate that will do its job and fill the vacancy on the Supreme Court with a Justice who will interpret the Constitution.”