Oregon joins legal support of Obama's immigration action

Brief submitted by 12 states counters lawsuit filed by 25 other states in federal court.

Oregon has joined Washington and 10 other states in defense of President Obama’s executive action shielding up to 5 million undocumented immigrants from deportation...

The statement, initiated by Washington Attorney General Bob Ferguson, was filed in connection with a lawsuit brought by 25 other states against Obama’s Nov. 20 action.

The case is pending in U.S. District Court in Texas. A hearing is scheduled Thursday.

Oregon Attorney General Ellen Rosenblum issued a statement Wednesday explaining her reasoning to intervene:

“The president used his full legal authority and discretion to address critical immigration issues facing our country...

Judges and courts can use arguments submitted in friend-of-the-court briefs to bolster their reasoning in writing their decisions.

The judge in this case, Andrew Hanen, is more likely to side with the challenge brought by Attorney General Greg Abbott of Texas — soon to be that state’s governor — and other states that filed the suit on Dec. 3. The initial list of 17 has grown to 25.

But it’s likely that the proceedings will end up in the federal appellate courts....

In addition to Oregon and Washington, California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Vermont and the District of Columbia have joined to defend Obama’s action.

Decisions to intervene in such cases are made by attorneys general, who are popularly elected in 43 states.

Of the 25 states challenging Obama’s action, 21 have Republican attorneys general; all 12 states supporting his action have Democratic attorneys general...

If Obama’s authority for executive action is upheld, Oregon and other states will consider whether work permits issued to these immigrants will constitute legal presence in the United States, a status enabling them to apply for driver’s licenses in many states.

Under a similar program created by Obama under a 2012 executive order, immigrants who were brought to the United States illegally as children qualified for work permits. Virtually all states, including Oregon, considered them proof of legal presence for issuance of licenses.

Oregon voters Nov. 4 rejected a 2013 law granting driver’s licenses to those who met driving knowledge and skills tests but cannot prove legal presence. Ten states have such laws, which are permitted under the federal Real ID Act if the licenses are clearly marked as invalid for federal purposes.