United States v. Texas (15-674)
argument 15-674United States v. Texas
Supreme Court of the United States
1h 32m
5 speakers
8 chapters
transcribed 6 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What is the DHS deferred action policy and why is it contested?
We will hear argument today in case fifteen six seventy four, the United States versus Texas et al. General Rilly.
Mr. Chief Justice, and may it please the court, the Secretary of Homeland Security has decided to defer removal of the class of aliens who are parents of U.S. citizens and LPRs, have lived in the country continuously since 2010, and have not committed crimes. That policy is lawful, and respondents concede it as lawful. It is fully justified by the fundamental reality that DHS has resources only to remove a fraction of the unlawful. lawful aliens the aliens presently un un present unlawful in the in the country now. This class of aliens is the lowest priority, and there is a pressing humanitarian concern in avoiding the breakup of families that contain U.S. citizen children. The principle
The government simply as was suggested in one of the briefs, given these uh child uh parents of citizens or LPRs Even them Identity cards that say low priority and would there be any difference between that And what is Uh top of guidance does.
That is that's a very important point, Justice Ginsburg. That is precisely what deferred action is. Deferred action is a decision that you were, that you are a low priority for removal. And it is an official notification to you of that decision. And the respondents have conceded that we have the lawful authority to do both things, to make that judgment and to give an identification card.
Uh maybe it would make logical progression if you began with your standing argument first.
Yes. And I think this does lead right into the standing argument. I think the the principal bone of contention between the the respondents and the United States is over whether the Secretary can also authorize these people to work and accrue ancillary benefits. And respondents lack standing to challenge that. uh for three fundamental reasons. First, there's the injury is not redressable. Because even if even if they achieve the injunction that they want, barring us from providing work authorization and ancillary benefits, we can, for the reason Justice Ginsburg identified, still provide them with deferred action, and under Texas law, they still qualify for a license under deferred action, so there is no redressability.
Second, they have not alleged a concrete particularized injury. Because the costs that they claim now to be an injury are actually the expected and desired result of the policy that exists in current Texas law?
Well, but if if they change that policy to avoid the injury that they allege Uh in other words, if they did not uh uh confer uh offer driver's licenses to those who are lawfully present because of your policy and avoided that injury, uh you would sue them, wouldn't you?
I'm not sure at all that we would sue them. It would depend on what they did, but the fundamental Well
no, what they did, I'm hypothesizing, is that they offered driver's license to everyone, but not uh uh uh those who were here uh under your uh under DAP, under your proposal.
Chief Justice, the key word in your question is hypothesize, and that's the point, it seems to me. They have not made that change in their law. What they
Well because they have what seems to me a perfectly legitimate policy is they want driver's license to be available to people who are lawfully present here. And if you, the Federal Government, say, well these people are lawfully present That means they have to give driver's license to however many of them, more than half a million people who would be uh potentially eligible for them. And as I understand from your brief, your answer is, well, just don't give them driver's licenses.
The current policy is not, as your honor describes it. The current policy reflected in the existing law and regulation is quite different, and that's the point. They will give a driver's license now. To any category of person who has a document from the Federal Government, not only saying you are lawfully present, but that we're officially tolerating your presence. There are vast numbers of people under existing Texas law that are eligible for a license even though they are not lawfully present.
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Chapters
8 chapters
1
What is the DHS deferred action policy and why is it contested?
0:00–8:55
2
How does Texas argue it lacks standing to challenge the deferred‑action policy?
8:55–17:35
3
What are the arguments about injury, redressability, and financial harm?
17:35–23:56
4
How would a Texas law restricting driver’s licenses for DAPA recipients work?
23:56–31:19
5
Why does the term “lawfully present” cause confusion in immigration law?
31:19–41:17
6
What statutory limits exist on granting work authorization to deferred‑action recipients?
41:17–51:00
7
How do preemption and agency authority affect the legality of DAPA?
51:00–1:04:57
8
What are the broader implications of the case for federal‑state power and immigration policy?
1:04:57–1:32:02