Supreme Court Review 2016/2017 TERM
SUNDAY, JULY 23, 2017
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Issue:  Deferred Deportation Guidance

United States v. Texas

15-674

QUESTION(S) PRESENTED

The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’ ” in which the Secretary “exercis[es] [his] discretion” to forbear, “for humanitarian reasons or simply for [his] own convenience,” from removing particular aliens from the United States. Reno v. American-Arab Anti-Discrimination Comm., 525 U.S. 471, 483-484 (1999). On November 20, 2014, the Secretary issued a memorandum (Guidance) directing his subordinates to establish a process for considering deferred action for certain aliens who have lived in the United States for five years and either came here as children or already have children who are U.S. citizens or permanent residents.

The questions presented are:

1. Whether a State that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., to challenge the Guidance because it will lead to more aliens having deferred action.

2. Whether the Guidance is arbitrary and capricious or otherwise not in accordance with law.

3. Whether the Guidance was subject to the APA’s notice-and-comment procedures.

 In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, Sec.3.

DECISION

Decided June 23, 2016 HOLDING

The judgment is affirmed by an equally divided Court.

Per Curiam image Justice Sotomayor
Per Curiam Sotomayor
Per Curiam image Justice Breyer
Per Curiam Breyer
Per Curiam image Justice Thomas
Per Curiam Thomas
Recused image Justice Scalia
Recused Scalia
Per Curiam image Chief Justice Roberts
Per Curiam Roberts
Per Curiam image Justice Kennedy
Per Curiam Kennedy
Per Curiam image Justice Ginsburg
Per Curiam Ginsburg
Per Curiam image Justice Alito
Per Curiam Alito
Per Curiam image Justice Kagan
Per Curiam Kagan

PER CURIAM.

Text of Opinion
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ORAL ARGUMENT

Argued April 18, 2016

Appearences
On Behalf of Petitioners United States, et al.
Donald B. Verrilli, Jr., Solicitor General
On Behalf of Intervenor-Respondents Texas, et al.
Thomas A. Saenz, Esq.
On Behalf of Respondents Texas, et al.
Scott A. Keller, Solicitor General, Austin, Tex.
On Behalf of United States House of Representatives as amicus curiae
Erin E. Murphy, Esq.
Transcript
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Merit Briefs
Brief for Texas, et al (pdf download)
Brief for United States, et al (pdf download)
Reply Brief for United States, et al (pdf download)
Reply Brief for Intervenors-respondents Jane Does (pdf download)
Amicus Curiae Briefs
Amicus Brief of Gonzalez Olivieri LLC, Quan Law Group PLLC, and Reina Bates Law Firm supporting Petitioners (pdf download)
Amicus Brief of Administrative Law Scholars supporting Petitioners (pdf download)
Amicus Brief of Members of the Business Community supporting Petitioners (pdf download)
Amicus Brief of American Immigration Council, et al supporting Petitioners (pdf download)
Amicus Brief of National Justice For Our Neighbors and the Justice For Our Neighbors Network supporting Petitioners (pdf download)
Amicus Brief of Faith-Based Organizations supporting Petitioners (pdf download)
Amicus Brief of Former Federal Immigration and Homeland Security Officials supporting Petitioners (pdf download)
Amicus Brief of The States of Washington, et al supporting Petitioners (pdf download)
Amicus Brief of The American Federation of Labor and Congress of Industrial Organizations supporting Petitioners (pdf download)
Amicus Brief of Professor Walter Dellinger supporting Petitioners (pdf download)
Amicus Brief of The Major Cities Chiefs Association, et al supporting Petitioners (pdf download)
Amicus Brief of Educators and Children's Advocates supporting Petitioners (pdf download)
Amicus Brief of National Queer Asian Pacific Islander Alliance, Inc and Others supporting Petitioners (pdf download)
Amicus Brief of Former Commissioners of the United States Immigration and Naturalization Service supporting Petitioners (pdf download)
Amicus Brief of California Business, Civic, Educational, and Religious Figures and Institutions supporting Petitioners (pdf download)
Amicus Brief of 186 Members of the US House of Representatives and 39 Members of the US Senate supporting Petitioners (pdf download)
Amicus Brief of Bipartisan Former Members of Congress supporting Petitioners (pdf download)
Amicus Brief of Professional Economists and Scholars in Related Fields supporting Petitioners (pdf download)
Amicus Brief of United We Dream supporting Petitioners (pdf download)
Amicus Brief of Mayors of New York, et al supporting Petitioners (pdf download)
Amicus Brief of Justice and Freedom Fund supporting Respondents (pdf download)
Amicus Brief of Legal Scholars Ronald A Cass and Christopher DeMuth, and The Judicial Education Project supporting Respondents (pdf download)
Amicus Brief of NC Lieutenant Governor Daniel J Forest supporting Respondents (pdf download)
Amicus Brief of Federal Courts Scholars, and Southeastern Legal Foundation supporting Respondents (pdf download)
Amicus Brief of Cato Institute, et al supporting Respondents (pdf download)
Amicus Brief of United States House of Representatives supporting Respondents (pdf download)
Amicus Brief of Save Jobs USA, and Washington Alliance of Technology Workers supporting Respondents (pdf download)
Amicus Brief of Mountain States Legal Foundation supporting Respondents (pdf download)
Amicus Brief of Maricopa County Arizona Sheriff, Joseph M Arpaio supporting Respondents (pdf download)
Amicus Brief of The Immigration Reform Law Institute, et al supporting Respondents (pdf download)
Amicus Brief of Senate Majority Leader Mitch McConnell and 42 Other Members of the United States Senate supporting Respondents (pdf download)
Amicus Brief of Center for Constitutional Jurisprudence supporting Respondents (pdf download)
Amicus Brief of The National Federation of Independent Business Small Business Legal Center supporting Respondents (pdf download)
Amicus Brief of Citizens United, et al supporting Respondents (pdf download)
Amicus Brief of Eagle Forum Education & Legal Defense Fund supporting Respondents (pdf download)
Amicus Brief of Foundation for Moral Law supporting Respondents (pdf download)
Amicus Brief of National Sheriffs' Association, et al supporting Respondents (pdf download)
Amicus Brief of Former US Attorneys General supporting Respondents (pdf download)
Amicus Brief of The American Center for Law & Justice, et al supporting Respondents (pdf download)
Amicus Brief of Wyoming supporting Respondents (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Fifth Circuit
Decided November 9, 2015
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