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DOJ Scrambling To Preserve Amnesty After SCOTUS Defeat

REUTERS/Kevin Lamarque

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Kevin Daley Supreme Court correspondent
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The Department of Justice (DOJ) is considering strategies for challenging the Supreme Court’s decision to block President Barack Obama’s 2014 deferred action policy, an executive order granting work permits and legal status to millions of illegal immigrants.

U.S. Attorney General Loretta Lynch told Reuters in a wide-ranging interview DOJ will review the ruling and consider further court action to preserve the president’s deferred action policy, which could include a petition for rehearing the case. (RELATED: SCOTUS Strikes Down Obama Immigration Amnesty)

“We will be reviewing the case and seeing what, if anything else, we need to do in court,” she said.

A split court deadlocked 4-4 on the constitutionality of the president’s order, in effect upholding the Fifth Circuit Court of Appeals decision to sustain an injunction on the program.

In the event of a tie, the parties involved in the litigation have the right to appeal for a rehearing. Under the rules, a petition for rehearing must be filed within 25 days of a ruling. After the petition is filed, at least five justices must agree to rehear the case. Under normal rules, only four votes from the nine justices are needed to hear a case.

The attorney general also said that further decisions about executive action on immigration will be made by the White House. Obama has already indicated he does not anticipate issuing further orders in the immigration area.

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