It was the federal government’s move Tuesday, and the U.S. Department of Justice asked the court to reject Texas’ request for a 30-day extension to file its brief in the case, but says it is open to an eight-day delay if the response is “physically on file” at that time.
A full delay could mean the high court doesn’t render a final decision on the program — known as Deferred Action for Parents of Americans and Lawful Permanent Residents — until June 2017, U.S. Solicitor General Donald B. Verrilli Jr. said in a letter to Supreme Court Clerk Scott S. Harris. That would be more than two years after the president announced the policy that would protect more than four million undocumented immigrants from deportation proceedings and allow them to apply for three-year work permits.
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It’s unclear when the high court will decide on the extension, but the justice department said it’s prepared to press on should the extension be granted.
“We note, however, that should state respondents’ request for a 30-day extension be granted, we anticipate filing a motion for expedition and a May argument session to permit the case to be heard this Term,” Verrilli wrote.
See here, here, and here for the background. Not much to add here. I trust we will know soon enough what the answer is, because if we’re left to wait for a response then won’t be anything to respond to. A statement from the Texas Organizing Project is beneath the fold, and the Current and SCOTUSBlog, which has a copy of the feds’ response, have more.
The following is a statement by Danny Cendejas, TOP’s immigration campaign field director, in response to Texas Solicitor General Scott Keller’s filing of a 30-day extension to respond to the Department of Justice’s appeal to the Supreme Court on the lawsuit that is blocking the implementation of President Obama’s 2014 deferred action initiatives:
“We are disappointed, but not surprised, that Texas is once again leading the effort to obstruct progress. As sure as the sun rises, we can count on our elected officials to oppose any measure that would help the workers of Texas get ahead.
“This time it’s the implementation of President Obama’s executive actions on immigration, which would give nearly 700,000 Texans temporarily the freedom to work, drive and live without fear of deportation and being separated from their loved ones.
“We hope the Supreme Court rejects Texas’ stalling tactic, and promptly rules on the appeal, and lifts the injunction. Nearly 5 million people are depending on it.”