Professor Chin Comments on Supreme Court Immigration Case
Professor Gabriel "Jack" Chin commented for Courthouse News Service on the Department of Justice's expected Supreme Court appeal of a U.S. Court of Appeals for the Fifth Circuit ruling that rejected the Obama administration's Deferred Action for Parents of Americans (DAPA) program offering temporary protection to undocumented immigrant parents of U.S.-born children.
"If the case is reviewed, it will likely be reversed," Chin said. "I doubt that the states have standing. If they do, they will lose on the merits. The government is allowed to put out guidance like DAPA without notice and comment, so long as it does not create judicially enforceable rights. The states have no right to interfere with the federal government's discretion, particularly in an area like immigration, which is an exclusive federal power."
Gabriel "Jack" Chin, who joined the King Hall faculty in 2011, is a prolific and much-cited criminal and immigration law scholar whose work has addressed many of the most pressing social issues of our time.