In The News

WASHINGTON — Mary Moreno arrived in Washington at 2 a.m. Monday, hours before she and thousands of others would gather at the Supreme Court as the justices heard arguments over President Barack Obama’s controversial immigration plan.

At issue is the United States vs. Texas case that tests whether Obama overstepped his legal bounds in 2014 by issuing executive orders to shield roughly 5 million people in the country illegally from deportation.

Texas, representing 26 states, successfully sued to halt Obama’s Deferred Action for Parents of Americans, or DAPA, leading to a complicated legal battle now before the nation’s highest court.

Moreno, of Houston, came with about 70 members of the Texas Organizing Project in order to represent the Texans who disagree with the Lone Star state’s challenge to Obama’s orders, she said. Her group carried signs bearing Gov. Greg Abbott’s image with the words “Gov. Abbott is wrong” and “Keep families together.” Abbott filed the lawsuit in his previous role as attorney general. 

“We felt responsible because our governor was the one who filed this lawsuit. It’s our governor who is blocking more than 5 million people from getting temporary relief,” said Moreno, 43, holding the state flag of Texas. “So we’ve always felt Texas needed to be well represented to show that he doesn’t (speak for) Texas. We do.”

The Texas Organizing Project was one of several Lone Star groups participating in boisterous, musical yet largely peaceful demonstrations at the Supreme Court Monday. Demonstrators held signs reading “Yo soy un Americano,” (I am an American) and “Families Fight Back.”  They chanted “Si se puede,” a Spanish version of Obama’s “Yes We Can” campaign slogan as mariachi music played in between speakers.

Luis Ortega, 21, and his 15-year-old sister Jacky traveled to Washington from Austin with the Workers Defense Project to share their story. As the spring sun blazed, Luis took the podium and said that unlike their parents, his sister is a citizen and he has legal status through Deferred Action for Childhood Arrivals, commonly known as DACA. The program provides temporary deportation relief and renewable two-year work permits to unauthorized young immigrants who came to the U.S. as children.

Ortega’s father travels often to remodel homes for the handicapped, Ortega said, leading to daily fear that he could be caught and deported. Ortega said his family has always “lived in the shadows,” but that DAPA holds promise that could change.

“When DAPA was announced we had a lot of hope, but that was taken away by the lawsuit that began in Texas,” he said, adding that the “fight for our families” also began in Texas.

Texas Attorney General Ken Paxton, flanked by Solicitor General Scott Keller, addressed reporters following the conclusion of the 90-minute hearings. Paxton said he was “encouraged” by the questions posed by several of the justices.

The men repeated their stance that the case isn’t about immigration, but executive overreach. They say the president usurped the authority of Congress when he created the contentious DAPA program. Several Republican members of the Texas Congressional delegation have agreed.

“This case has always been about the separation of powers. What DAPA does is transform unlawful conduct into lawful conduct,” Keller said. “If the executive, the president has the power to do that, I think that should trouble every American, because it’s Congress’ power.”

Asked if he wished more in the crowd appeared to support Texas’ position, Paxton took the long view.

“We are here defending the Constitution and so whether we have people out here or not is not relevant,” he said.

Julissa Arce, a former Texan whose own story of living in the United States illegally rose to prominence because of her career on Wall Street, roamed the crowd with a camera crew on Monday. Arce, now an immigrant rights advocate, moved to San Antonio at 11 years old from Mexico.

She decried what she says is a changing political culture in Texas that has led to the immigration challenge before the Supreme Court.  

“Texas is the same state that 15 years ago became the first  to allow undocumented children to go to college under Republican Gov. Rick Perry,” she said. “Fifteen years later, we’ve completely done a 180 … I am a true Texan and the fact that this is all starting in my home state is incredibly infuriating.”

Groups in favor of Obama’s actions were the bulk of demonstrators Monday, but a few dozen people with the Tea Party Patriots gathered just in front of the courthouse steps, just feet away from pro-DAPA supporters.

Rep. Louie Gohmert, R-Tyler, addressed the Tea Party crowd and said while he values Hispanic culture, the case is about the law.

“My hope and prayer is we will continue to be a nation that enforces the law fairly … no matter who you are; where we embrace immigration more than any other country in the world so immigrants will want to continue to come here,” he said. “But once we give in to this kind of anarchy and the demands to forget the law, don’t enforce the law, then we are done.”

Robert Coffey, who grew up in Longview, Texas, but now lives in North Carolina, took an eight-hour bus ride to join the Tea Party Patriots’ demonstration.

The 78-year-old retired chemical engineer said he was inspired to come because of a separate Supreme Court matter — the Obama nomination of Judge Merrick Garland to the court. Still, he couldn’t help but ponder the immigration issue. Some of his Tea Party colleagues engaged in a war of words with pro-DAPA and pro-DACA supporters, but he feels torn.

On one hand, “We’ve got to stop the influx of people (coming to the country) illegally,” he said. But “when you meet them, these are real people with real lives. You have to have a little compassion … it’s a complicated issue.”

The Supreme Court will consider not just the legality of Obama’s executive orders but also whether Texas has standing in the case. The state argues it does because of the costs of issuing permits to those who qualify under the program.