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In this Aug. 16, 2012, file photo, a banner flies over the U.S. Supreme Court in Washington, Dade. A federal appeals court on Friday, Oct. 21, 2013, will consider whether President Barack Obama’s decision to stop the deportation of undocumented immigrants is constitutional. The U.S. Court of Appeals for the District of Columbia Circuit held on Friday a legal challenge that sought overturning a federal judge’s ruling that the action, by Obama and a federal immigration authority, amounted to an unconstitutional taking of property. (AP Photo/Susan Walsh, File)

WASHINGTON (AP) — The Supreme Court may soon revisit President Barack Obama’s move to end deportations of illegal immigrants who entered the U.S. as children, and a federal appeals court on Friday will consider whether the president’s action is constitutional.

In November 2012, the Supreme Court in an 8-to-1 vote struck down a 2011 executive action that allowed some children of illegal immigrants and other young immigrants to avoid deportation. The decision had been widely seen nationally as an expansion of that policy, which was implemented by former President George W. Bush in 2004. The president, who had vowed to end deporting any illegal immigrant who has been living in the U.S. for more than five years, said the executive action was in the U.S.’ “best interest.”

In the months since, Obama has issued a flurry of executive actions to expand the reach of the program, most recently a directive to federal agencies on Sept. 13 to implement some of that policy. The cases, from Texas and Louisiana, are pending.

But the legality of the orders will be the subject of a decision by the District of Columbia Circuit Court of Appeals in D.C. Thursday, a week after the high court heard the case in Washington, D.C.

In a statement on Thursday, the U.S. solicitor general, Donald Verick, indicated, if the appeals court upholds the constitutionality of the action, that any subsequent administration would be required to abide by the law. No one has taken that step yet.

“The Department of Justice remains committed to enforcing the law with the same dedication and respect as it has applied in the past,” he said.
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U.S. District Judge Andrew Hanen in Houston, who is handling the Texas appeal, said in a statement that he

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