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Split high court holds fate of Obama immigration actions

Tuesday, April 19, 2016

Associated Press

WASHINGTON

Conservative Supreme Court justices expressed sharp skepticism about President Barack Obama’s immigration efforts Monday, leaving his actions to help millions of people who are in the country illegally in the hands of a seemingly divided court.

As hundreds of pro-immigration demonstrators and a smaller number of opponents filled the sidewalk outside the court, the justices appeared to split along ideological and partisan lines over a case that pits Republican governors and members of Congress against the Democratic administration.

Obama’s administration is asking the justices to allow it to put in place two programs that could shield roughly 4 million people from deportation and make them eligible to work in the United States.

Texas is leading 26 states led by Republicans in challenging the programs that Obama announced in 2014 and that have been put on hold by lower courts. Those states say the administration usurped power that belongs to Congress, and Justice Anthony Kennedy indicated some support for that view.

“It’s as if ... the president is setting the policy and the Congress is executing it. That’s just upside down,” Justice Kennedy said.

The programs would apply to parents of children who are citizens or are living in the country legally.

If the court is split ideologically, the case could end in a 4-4 tie after Justice Antonin Scalia’s death in February. That would leave the programs in limbo, almost certainly through the end of Obama’s presidency.