[JURIST] The Obama Administration on Tuesday volunteered [letter, PDF] to forego its right to respond to states’ filings opposing the new immigration policy in exchange for an expedited process that would have the challenge decided this term. Following a February district court ruling in favor of the states, affirmed [orders, PDF] by the US Court of Appeals for the Fifth Circuit [official website], the government appeals to the Supreme Court urging that it lift a stay on President Obama’s new immigration policy, the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA). The program, announced by the president in November, 2014, would allow the undocumented alien parents of some American citizens to stay in the US. Twenty-six states challenged the program, based upon, among other concerns, the alleged violation of federalism that would take place were the federal government to grant undocumented immigrants license to reside in, and benefit from, the states. The states have now requested additional time to file briefs in response to the government’s appeal. In a letter to the Supreme Court, Solicitor General Donald B. Verrilli, Jr. noted that, in order for the case to be heard by the end of the term in April, the government requests the states be granted no more than eight days, rather than the 30 requested.

The Fifth Circuit upheld the injunction against DAPA in May, a month after the US District Court for the Southern District of Texas declined to lift [JURIST reports] the stay it imposed in February. In March, the US Department of Justice urged [JURIST report] the Fifth Circuit to reverse the injunction blocking the president’s immigration executive action. In November 2014, Obama announced two new immigration programs [text], purportedly under his executive authority as president. The Deferred Action for Childhood Arrivals (DACA) and the DAPA would lift the threat of deportation for about 4.7 million undocumented residents by allowing immigrants that have been in the US for more than five years or have children who are citizens to register and pass a criminal background check in order to stay in the country.