A federal appeals court refused to lift the ruling from the Texas judge halting President Obama’s amnesty plan dead in its tracks. This is the second ruling by a federal court, delivering a major legal setback to the administration.
The U.S. Court of Appeals for the Fifth Circuit sided with Judge Hanen’s decision that Obama broke the law in taking his own unilateral action last year to grant amnesty to millions to avoid deportation. The three judge court shot down Obama’s hopes to reinstate amnesty quickly in a vote of 2-1. That means he will likely have to go to the Supreme Court to pursue his agenda any further.
Judges Jerry E. Smith and Jennifer Elrod, the majority voters, stated that the president’s new program, known as Deferred Action for Parental Accountability (DAPA), should have gone through the usual public comment and notice period. They sided with the lower court that the actions should not have been taken unilaterally by Obama and Homeland Security Secretary Jeh Johnson late last year.
Twenty-five states joined Texas in stating that the president’s actions were unconstitutional or, at the very least, illegal. The district court in Texas and now a federal court of appeals both sided with the states. This gives twin rebukes to President Obama trying to say his executive actions were constitutional.
“We live in a nation governed by a system of checks and balances, and the president’s attempt to bypass the will of the American people was successfully checked again today,” said Texas Governor Greg Abbott. (Washington Times)
The rulings will not halt the president’s 600,000 “Dreamers” from 2012 being allowed to stay in the U.S. It also doesn’t stop him from ordering the Department of Justice to refuse to deport illegals. It does mean that Obama can not proceed with granting illegal immigrants affirmative status, carrying all sorts of benefits usually reserved for citizens. Some of the benefits it does stop are things such as driver’s licenses, tax credits, and preferential work status under the terms of Obamacare.
Immigrant rights advocates were quick to jump in and blast the courts decisions. They tried to cast both the courts as immoral.
“We are on the right side of history, the right side of justice,” said Marielena Hincapie, executive director of the National Immigration Law Center. (Washington Times)
The advocates called on President Obama to ignore the rulings and use his executive authority to halt all deportations until Congress caves to making new immigration laws. Such actions can be constituted as illegal and breaching court orders.
The majority judges ruled that the original brief by Judge Hanen was accurate. They state that the president’s executive orders would have serious adverse affects on the states.
Executive amnesty is dead in its tracks for now, but look for this administration to seek to try to get the Supreme Court involved.
(h/t: Washington Times)
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Disclaimer: This article was not written by Lorra B.