La Corte de EE.UU. deja en el limbo a 5 millones de indocumentados


Los ocho jueces del Tribunal Supremo de EE.UU. empataron hoy en su decisión sobre las medidas migratorias del presidente, Barack Obama , remitieron el caso a un tribunal inferior y dejaron en el limbo a casi cinco millones de inmigrantes indocumentados.

La división del Tribunal Supremo supone un duro golpe para Obama y para los millones de inmigrantes que se habrían beneficiado de esas medidas migratorias proclamadas en noviembre de 2014 mediante acciones ejecutivas y dirigidas a jóvenes indocumentados y padres con hijos con residencia permanente o ciudadanía estadounidense.

El fallo de la Corte Suprema supone un duro golpe para Obama y millones de indocumentados. / AFP

“La sentencia está dictada por un tribunal dividido en partes iguales”, reza una breve notificación judicial, en la que los jueces no explican los motivos de la decisión sobre las medidas migratorias de Obama, bloqueadas el pasado febrero, un día antes de su entrada en vigor, a petición de 26 estados liderados por Texas y en su mayoría con gobernadores republicanos.

La inesperada muerte en febrero del juez conservador Antonin Scalia dejó vacante un asiento en el Supremo y abrió la posibilidad de un empate entre los ocho magistrados restantes, divididos en cuatro jueces liberales y otros cuatro conservadores.

La división deja en vigor el bloqueo dictado por una corte anterior , la Corte Federal de Apelaciones del Quinto Circuito, con sede en Nueva Orleans, aunque no establece ningún precedente legal que pueda afectar a todo el país.

Jackelin Alfaro, de 7 años, nacida en Washington abraza a su tía, Gelin Alfaro, nacida en México, durante una marcha a favor de la reforma migratoria de Obama, frente a la Corte Suprema. /AP

“No existe un precedente que se aplique a todo el país y eso significa que pueden aplicarse diferentes legislaciones en diferentes partes del país”, explicó la analista jurídica Brianne Gorod, del Centro de Responsabilidades Constitucional.

Como consecuencia, según Gorod, podrían interponerse demandas en los distritos judiciales en los que no tiene competencia la Corte Federal de Apelaciones del Quinto Circuito, es decir, en todo el país menos en los estados de Luisiana, Misisipi y Texas.

“La decisión hace posible que individuos presenten demandas en otras partes del país pero no está claro cómo reaccionarían estas cortes. No está claro si respetarían la decisión de la Corte de Apelaciones del Quinto Circuito o si fallarían en otro sentido. Francamente este fallo genera mucha confusión legal” , señaló Gorod.

Los demandantes pueden de nuevo buscar el amparo del alto tribunal en el próximo periodo de sesiones del Supremo, desde octubre de 2016 a junio de 2017.

La posibilidad de que la Corte decidiera hoy sobre inmigración ha despertado gran expectativa y cientos de personas se concentran ante la corte en Washington desde primera hora con pancartas en las que puede leerse mensajes como “Justicia y dignidad para los inmigrantes” y “Protejan a nuestras familias”. Fuente: EFE

Con Información de: El Clarín



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