The exceedingly conservative 5th U.S. Circuit Court of Appeals has ruled against an Obama administration plan that would have allowed millions of undocumented families to remain in the country.
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The 5th U.S. Circuit Court of Appeals upheld Monday a Texas federal judge’s injunction against the plan that would also extend work permits to those living in the US illegally, casting doubts over whether the president’s immigration initiative can be implemented before he leaves office in 2017.
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. Others agree with what Texas Gov. Greg Abbott said in a recent statement: “President Obama should abandon his lawless executive amnesty program and start enforcing the law today”. “And I urge the justices to act swiftly and justly to protect the men, women and children that are counting on them”, Grijalva’s statement says. Bernie Sanders, are rallying around President Obama after he has chose to appeal a ruling that blocks the President’s executive actions on immigration.
The White House wants to force the fight over undocumented immigrants all the way to the Supreme Court.
Twenty six states have challenged the order and argued the plan did not meet APA requirements, and the Appeals Court said it was ‘unlikely to succeed on its merits, ‘ according to the ruling.
If passed, illegal crossers can qualify for DAPA if they lived in the USA before 2010, have children who are American citizens or lawful permanent residents and have a clean record.
“The president does not have the authority to simply ignore immigration laws and substitute his own policies in their place”, said Dan Stein, president of the Federation for American Immigration Reform, a Washington, D.C.-based group that advocates better border security and stopping illegal immigration.
Within hours, the Justice Department announced it would appeal to the Supreme Court.
In the ruling, two Republican-appointed appellate judges rejected Obama’s claim that the order was more than a discretionary enforcement action.
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The government’s decision to bring the case before the high court had been expected by activists and immigrants and encourages a potential battle over the president’s immigration policies in the middle of an election year that will serve as a bellwether for the presidential vote in 2016.
