3 Request to Join an Amicus Brief to the U.S. Supreme Court Supporting the President’s Executive Action on Immigration (Texas v. United States).

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Meeting Date: March 01, 2016

STAFF REPORT

AGENDA ITEM: Request to Join an Amicus Brief to the U.S. Supreme Court Supporting the President’s Executive Action on Immigration (Texas v. United States).

MEETING DATE: March 1, 2016

PREPARED BY: Odi Ortiz, Interim City Manager

Jose M. Sanchez, City Attorney

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RECOMMENDATION:

City Council to discuss and provide Staff direction related to a request to join an amicus brief to the U.S. Supreme Court supporting the President’s executive action on immigration (Texas v. United States).

BACKGROUND:

The Mayor was contacted by the New York City Mayor’s Office of Immigrant Affairs to get support from the Mayor and the City in joining an amicus brief to the U.S. Supreme Court supporting the President’s executive action on immigration. The executive action has been challenged by certain states and is up for review at the U.S. Supreme Court. New York City, Los Angeles, Atlanta, Birmingham and a coalition of local governments are preparing an amicus brief to the Court in support of the executive action and would like as many cities and counties to join.

DISCUSSION:

Specifically, the challenge focuses on the expansion of the current Deferred Action for Childhood Arrivals (DACA) initiative and the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative for the parents of U.S. citizens and lawful permanent residents who meet certain criteria. The President’s executive action provides important humanitarian relief to an estimated 4 million undocumented immigrants who have been in the country since January 2010 and who have children who are citizens or permanent residents or who came to the United States as children and meet certain educational requirements. The executive action prevents families from being split apart and harmed by allowing qualifying parents and young people who merit a favorable exercise of discretion to stay in the United States temporarily and work lawfully.

Joining the amicus brief (also known as a "friend-of-the-court" brief) would involve providing the New York City Mayor’s Office of Immigrant Affairs representative with the City Attorney and Mayor’s signature block on behalf of the City. The City’s name would be included as supporting the amicus brief.

Attached is the request that the New York City Mayor’s Office of Immigrant Affairs sent the Mayor. Also attached is a summary by the American Immigration Council of the matter and the amicus brief prepared for the United States Court of Appeals for the Fifth Circuit.

FISCAL IMPACT:

NIA.

ATTACHMENTS:

1. Request by New York City Mayor’s Office of Immigrant Affairs

2. American Immigration Council Summary Regarding Texas v. United States

3. Amicus Brief by The Mayors of New York and Los Angeles, Seventy-One Additional Mayors, Cities, County Officials, Counties, Villages, and Boroughs, the United States Conference of Mayors, and the National League of Cities in Support of Appellants -Prepared for the Unites States Court of Appeals for the Fifth Circuit.

 

1. Request by New York City Mayor’s Office of Immigrant Affairs

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2. American Immigration Council Summary Regarding Texas v. United States

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3. Amicus Brief by The Mayors of New York and Los Angeles, Seventy-One Additional Mayors, Cities, County Officials, Counties, Villages, and Boroughs, the United States Conference of Mayors, and the National League of Cities in Support of Appellants -Prepared for the Unites States Court of Appeals for the Fifth Circuit.

 

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