Experts see legal hazards in states’ immigration suit

Screen Shot 2014-12-06 at 7.43.53 AMBy Julia Preston | The New York Times

A group of 20 states that filed a federal lawsuit this week against President Obama’s executive action on immigration could face difficult legal and factual hurdles, legal experts said, because federal courts have been skeptical of similar claims in the past.

Several lawyers said the states could have a hard time convincing the federal courts that they could suffer specific harms as a result of Mr. Obama’s actions. Those harms are the legal foundation for them to bring the suit.

“The injury the states are alleging seems a bit speculative,” said Cristina Rodriguez, a professor of immigration and constitutional law at Yale Law School. “In many ways this is a political document,” she said of the suit, adding, “It feels more rhetorical than legal.”

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