'I have pushed to the limits of my executive authority. We now have to have Congress act,' Obama told reporters in the White House.
In a preview of the emotionally heated rhetoric to come, Obama said voters would have to decide what kind of Congress and president to elect, and said the nation must decide whether to 'accept the cruelty of ripping children from their parents arms.'
The president criticized the 'ruling, or lack of a ruling' from the high court,' and went after Senate Republicans for failing to confirm judge Merrick Garland to the Supreme Court or give him a hearing.
[h=3]What the court's action means[/h]Q: Is this the final word?
A: The Supreme Court sent the case down to a lower court, which effectively lets the ruling against Obama stand. President Obama said he'll have to honor it and that a new President and Congress must act.
Q: What's the significance of the tie?
A: The 4-4 vote keeps in place the prior ruling, but doesn't establish new court precedent that would affect future case law as a court decision would.
Q: What about the 4 million immigrants who were going to benefit from the executive action?
A: The administration can't give the immigrants special work papers and status as planned. But Obama has said they won't be a priority for deportation, as long as they keep a clean record.
Q: What's the legal fight about?
A: The administration says it has the discretion to decide how to enforce the law and prioritize who to deport and who to ignore. The states who sued say only Congress can make new law. The court likely split on ideological lines.
Q: Why was there a tie?
A: The court dropped to eight justices with the death of Antonin Scalia. The Republican-controlled Senate hasn't held a hearing on President Obama's chosen replacement, judge Merrick Garland.
Q: What about the 'dreamers?'
A: The action doesn't affect an earlier 2012 executive action that lets children who were brought here illegally as minors avoid deportation.
'I think it is heartbreaking for the millions of immigrants who made their lives here, who have raised families here, who hope for the opportunity to work, pay taxes, serve in our military and more fully contribute to this country we all love in an open way,' Obama said.
As for the 4 million immigrants, mostly parents of children with legal status, affected by his most recent executive action, Obama signaled that his administration is in no hurry to deport them.
'They will remain low priorities for enforcement. As long as you have not committed a crime our limited immigration resources are not focused on you,' he said.
The court made its ruling in a single sentence sending the case back to a lower court, which causes the Fifth Circuit Court of Appeals rulings against the administration to stand.
Texas and 25 other case brought the case after Obama issued his sweeping executive orders, who would have provided protection from deportation and a form of work permit for 4 million parents of who came here since 2010 and are the parents of citizens or are lawful permanent residents.
The president announced the actions in 2014 as a necessary step and an ordinary extension of his prosecutorial discretion – but they were immediately derided by Republicans as a form of executive overreach.
'It stakes us further from the country that we aspire to be,' Obama said.
'We're gonna have to abide by that ruling until an election and a confirmation of a 9th justice of the supreme court so that they can break this tie,' he said.
The Senate had passed immigration legislation, but House Republican leaders refused to take it up. Obama said at the time the best way to make changes would be through reform.
'But until that happens,' he said in 2014, 'there are actions I have the legal authority to take as president.' He maintained that these are 'the same kinds of actions taken by Democratic and Republican presidents before me — that will help make our immigration system more fair and more just.'
The court's ruling doesn't affect a 2012 executive action known as DACA that dealt only with people who were brought here illegally as children. It deals with Obama's 2014 rulings which expanded DACA and brought in parents of children who were citizens or have legal status.
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