The 5th U.S. Circuit Court of Appeals has affirmed an injunction issued by a Texas judge in response to a lawsuit filed by 26 states — including Nevada — seeking to overturn Obama’s executive fiat blocking deportation of millions of illegal immigrants and granting them work permits and other benefits.
Though the administration argued Obama’s memos merely allowed prosecutorial discretion on a case-by-case basis in enforcing immigration law, the three-judge panel ruled (2-1) that this was merely a pretext and Obama has essentially rewritten the law. The ruling noted that only 5 percent out of 723,000 applicants for legal residency were denied.
The Obama administration today said it would appeal the ruling the U.S. Supreme Court.
Meanwhile, the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, is supposed to be blocked, as well as an expansion of eligibility of Deferred Action for Childhood Arrivals, or DACA, that was tacked onto the DAPA memo.
The opinion penned by Judge Jerry E. Smith said, “The INA’s (Immigration and Nationality Act) careful employment-authorization scheme ‘protect[s] against the displacement of workers in the United States,’ and a ‘primary purpose in restricting immigration is to preserve jobs for American workers.’ DAPA would dramatically increase the number of aliens eligible for work authorization, thereby undermining Congress’s stated goal of closely guarding access to work authorization and preserving jobs for those lawfully in the country. DAPA would make 4.3 million otherwise removable aliens eligible for lawful presence, employment authorization, and associated benefits, and ‘we must be guided to a degree by common sense as to the manner in which Congress is likely to delegate a policy decision of such economic and political magnitude to an administrative agency.’”
Congress did not delegate this to Obama or his minions.
“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,”Texas Attorney General Ken Paxton was quoted as saying by The Wall Street Journal. “Throughout this process, the Obama administration has aggressively disregarded the constitutional limits on executive power.”
Nevada Attorney General Adam Laxalt issued a statement saying, “After careful consideration and extensive briefing, another federal court has once again upheld the states’ injunction, illustrating that the president, like everyone else, must follow the rule of law. Our Constitution establishes a process that must be followed when changing or creating new laws, and no one, regardless of title or position, is above the Constitution. It is encouraging to see the principles of the Constitution affirmed by a third federal court ruling in this case.”
In his original injunction, Texas federal Judge Andrew Hanen stated that “ the states cannot protect themselves from the costs inflicted by the Government when 4.3 million individuals are granted legal presence with the resulting ability to compel state action. The irony of this position cannot be fully appreciated unless it is contrasted with the DAPA Directive. The DAPA Directive unilaterally allows individuals removable by law to legally remain in the United States based upon a classification that is not established by any federal law. It is this very lack of law about which the States complain. The Government claims that it can act without a supporting law, but the States cannot.”
Of course Harry Reid used the occasion to attack Republicans in general with a series of twits:
— The 5th Circuit’s decision yesterday was a political move that ignores past precedents on executive action on immigration.
— Yesterday’s decision affects millions of families who now could be torn apart. As Judge King stated in dissent, “a mistake has been made.”
— The Republican Party has neglected the lessons of the 2012 elections and have plunged over a cliff following the lead of Trump and Carson.
— I expect the Administration will swiftly appeal this decision to the Supreme Court, and I believe the Court will find the actions lawful.