Fate of Obama’s Amnesty Uncertain at Supreme Court

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Justices on the Supreme Court were sharply divided on several aspects of President Barack Obama’s executive amnesty, but it’s very likely that the 26 states challenging Obama’s program will prevail, ending the president’s gambit to grant legal status to 4.5 million illegal aliens.

Obama ordered his Department of Homeland Security (DHS) not to deport over one third of the illegal aliens currently in this country, and further to grant them legal status and permits to work in the United States. On November 20, 2014, his administration finalized this program, the Deferred Action for Parents of Americans and Lawful Permanent Residents, which goes under the acronym DAPA.

As Breitbart News has previously reported, there are three issues in this case:
  • First, whether DAPA had to go through the public notice-and-comment period required by the Administrative Procedure Act (APA), which is the federal law that governs how federal rules and regulations are made, and would create a paper trail that the government would have to answer for in a court challenge.
 
  • Second, even if DAPA did not have to go through notice-and-comment, whether it is still illegal under the APA because it violates a federal statute, the Immigration and Nationality Act, which is Congress’s law for determining who can enter the United States and stay in this country.
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