Opponents of Obama’s executive action argue the administration overreached its power to allow millions of immigrant families protections that include three-year work permits under the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA.
Advertisement
On Monday, the 5th U.S. Circuit Court of Appeals in New Orleans upheld Hanen’s injunction in a 2-1 ruling.
President Obama created the Deferred Action for Parents of Americans (DAPA) and expanded the Deferred Action for Childhood Arrivals (DACA) programs by executive action in 2014.
The decision means that one of Obama’s signature immigration initiatives remains on hold almost a year after he announced it through executive action and leaves in doubt whether the program will begin before his term expires in January 2017. “The federal appeals court upheld the argument advanced by Texas, Alabama and 24 other states that President Obama has no legal authority to unilaterally grant amnesty to almost five million undocumented aliens without the consent of Congress or the review of the states”.
The administration argued that the executive branch was within its rights in deciding to defer deportation of selected groups of immigrants.
The lower court did not rule on the substantive constitutional and separation of powers claims made against the President’s actions, but rather granted an injunction, which prohibited the programs from taking effect until further notice.
A spokesman for the U.S. Department of Justice, which oversees federal deportation cases against immigrants, said the agency was reviewing the court’s opinion to determine how to proceed. But unilateral action by the president is not the best way to set immigration policy, and it was a lost opportunity when House Republicans refused to take up bipartisan immigration legislation passed by the Senate two years ago. Efforts by the Obama administration to lift it haven’t succeeded. “Once the green light is given (by the Supreme Court), it will make it that much more hard for any administration, Republican or Democrat, to undo the program”. Republican presidential front-runner Donald Trump, for one, has gone much further, promising to deport the approximately 11 million immigrants living in the country unlawfully and to build a wall along the US-Mexico border. Obama can start by ending immigrant detention and programs like P.E.P., C.A.R.I., and any other program that ultimately ends in the criminalization, detention and deportation of our communities. On Tuesday in Los Angeles, immigrants who’d hoped the court might rule differently said they felt stung.
If the Supreme Court decides to take up the case, a decision would likely come by the summer.
“There is no justification for that delay, ” King wrote.
Advertisement
Of course, the court also agreed with Obama himself, who before issuing the order last November had acknowledged many times that only Congress could change the law.
