President Obama was reminded of this fundamental truth on Monday when a federal appeals court rejected his attempt to grant amnesty to 5 million illegal immigrants.
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US President Barack Obama’s executive action to protect millions of undocumented immigrants from deportation has received a legal setback.
The decision might have left a small window of time for the administration to appeal to the U.S. Supreme Court and, if victorious, get a few folks work permits and protection from immigration authorities before Obama leaves office in 2017. With action from the Supreme Court, Hincapié said there is a better likelihood to provide justice for immigrant communities. Governor Abbott has been at the forefront of the opposition to Obama’s immigration plan, even leading a charge in suing the president to block the initiative.
In her dissent, the third judge, Carolyn King, counseled judicial restraint in what she framed as a policy dispute instead of a legal one. “We urge the DOJ to immediately ask the Supreme Court to review this erroneous decision”.
“I have a firm and definite conviction that a mistake has been made”, she said.
Paul Ryan, newly elected Speaker, said House Republicans won’t be offering legislation on Immigration Plan, as they see Obama an unreliable partner because he had tried to bypass Congress with executive orders, confirms the same source.
King also took issue with the court’s untimeliness in deciding the case, which potentially affects the administration’s ability to appeal to the Supreme Court. The plan faced much opposition from Republicans, including from Texas Gov. Greg Abbot who praised the latest court ruling.
Part of the reason why the court upheld the injunction was due to the binding effect Obama’s executive action had on agencies.
U.S. District Court Judge Andrew Hanen’s February order blocking the actions nationwide was issued on a fairly technical ground: that the changes to immigration procedures were so significant that the administration needed to put them out for official notice and comment before moving forward. He was joined by Judge Jennifer Walker Elrod, a George W. Bush appointee.
Despite the popularity of pro-enforcement policies in Arizona, KNXV only interviews a supporter of Obama’s executive amnesty in this piece, and then promises to try to find someone who supports the court action for an update in the morning.
“The decision from the federal appeals court is a victory for the Constitution and the American people”.
In its ruling the appeals court said it was denying the government’s appeal to stay the May injunction “after determining that the appeal was unlikely to succeed on its merits”.
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“Today, the Fifth Circuit asserted that the separation of powers remains the law of the land, and the president must follow the rule of law, just like everybody else”, said Attorney General Ken Paxton, who took over the case when he was elected. “Whether it can happen during the life of this presidency has always been the dominant question”.
