Judge Andrew Napolitano explained on The Kelly File Monday how the U.S. Court of Appeals’ two-to-one decision is blocking President Obama’s plan to shield 5 million immigrants from deportation.
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Last February, shortly before the plan was set to kick in, a federal judge in Texas issued an injunction barring the plan from moving forward. The November 2014 executive action also established the Deferred Action for Parents of Americans program (DAPA), which allows the parents of U.S. citizens to remain “lawfully present” in the United States.
The orders were challenged by 26 states, including Florida. “That’s why you’ve seen the Department of Justice make such a quick decision to move this on up the line to the Supreme Court”. “This lawsuit is preventing people who have been part of our communities for years from working on the books, contributing to our economy by paying taxes on that work, and being held accountable”. Republicans also said the executive exceeds the president’s constitutional authority by demanding whole categories of immigrants be protected from forced removal. Newly elected House Speaker Paul Ryan, R-Wis., has said House Republicans won’t offer legislation on immigration reform, calling Obama an unreliable partner because he attempted to bypass Congress with executive orders.
The timing of the appeals court’s decision had become of increasing concern to the Obama administration and immigrant rights’ groups in recent weeks.
“Every single day that goes by means further delays”, said Marielena Hincapié, executive director of the National Immigration Law Center, who has closely followed the case. The Department of Justice said Tuesday that they will immediately ask the U.S. Supreme Court to review the case, which could be heard as soon as this coming year. “The path is finally clear for the Supreme Court to weigh in and confirm the legality of the expanded DACA and DAPA programs”, Sen.
With the fight ongoing, what will happen for the estimated 4.5 million people – including 1 million people in Texas – who are affected by this decision?
“I’m holding on to hope”, Alejandra said.
“Immigrant families & their USA citizen children have been waiting anxiously for the 5th Circuit to rule”.
A federal appeals court in New Orleans on Monday upheld a Texas-based federal judge’s injunction against President Barack Obama’s plan.
Obama previously claimed to have the authority to “change the law” when attempting to grant amnesty to those who were in the country illegally.
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Mr Obama argued that deferring deportations was within the administration’s power. Donald Trump is often the most vocal with his call to build a wall across the southern border and to deport the 11 million or more aliens illegally within the United States, but numerous other candidates have similar beliefs, even if they are not as flamboyantly-announced as Trump’s plan.
