High court to examine Obama's immigration order

Posted at 8:27 PM, Jan 19, 2016
and last updated 2016-01-19 22:27:57-05

Did President Obama exceed his constitutional authority when he issued an executive order allowing undocumented parents of American citizens a respite from possible deportation?

The U.S. Supreme Court will decide that case.

President Obama said he acted on immigration because Congress failed to do so.

His plan – the Deferred Action for Parents of Americans and lawful Permanent Residents program -- would allow undocumented parents of U.S. citizens a chance to request deferred action and temporary (3-years) work authorization as long as they’ve been her continuously since January 1, 2010, are not a priority for deportation and pass a required background check.

The State of Texas filed suit to stop implementation of the plan.  It was quickly joined by 25 other Republican-led states who claim the president doesn’t have Constitutional authority to act without Congress.

Colorado is not among the states involved in the lawsuit, but there are many residents who are anxiously waiting for the outcome.

“I’m waiting for the right decision from the Supreme Court,” said Arturo Hernandez, an undocumented adult facing possible deportation.  He said Immigration and Customs Enforcement officials have told him he’s not a priority.

Hernandez, who works in construction, has two daughters, one of them was born in the U.S.  That means he qualifies for the President’s plan.

He said he’s hopeful the Supreme Court will rule in the President’s favor, because it’s difficult living in limbo.

“We want to live a more normal life,” he said, “where we can live walking free and driving (without worry.)  We need Obama’s program.”

It’s the same for Lupe Lopez.

She has four children who were born in the U.S., but she and her husband are undocumented and on the deportation list because he received a speeding ticket in 2012.

“This program would be a huge benefit for many of us who are currently living in the shadows,” Lopez said, through an interpreter. “It would provide us with some hope for the future.”