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Thread: Federal Court won't lift hold on Obama immigration action

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  1. #1
    Senior Member JohnDoe2's Avatar
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    Federal Court won't lift hold on Obama immigration action

    Court won't lift hold on Obama immigration action

    By KEVIN McGILL, Associated Press
    Updated 11:34 am, Tuesday, May 26, 2015

    NEW ORLEANS (AP) — A federal appeals court refused Tuesday to lift a temporary hold on President Barack Obama's executive action that could shield as many as 5 million immigrants illegally living in the U.S. from deportation.

    The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse a Texas judge who agreed to temporarily block the president's plan in February, after 26 states filed a lawsuit alleging Obama's action was unconstitutional. But two out of three judges on a court panel voted to deny the government's request.


    It wasn't immediately clear if the government would appeal, either to the full appeals court in New Orleans or to the U.S. Supreme Court.


    The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education. But the White House has said the president acted within his powers to fix a "broken immigration system."


    U.S. District Judge Andrew Hanen sided with the states and, from his court in Brownsville, Texas, issued a temporary injunction on Feb. 16 to block the plan from taking effect while the lawsuit works its way through the courts.


    Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department's ability to protect the U.S. and secure the nation's borders. They also said immigration policy is a domain of the federal government, not the states.


    But, in Tuesday's ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith, that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.


    Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.


    The first of Obama's orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.


    Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been "misleading," but he declined to sanction the government's attorneys.


    The Justice Department has also asked the 5th Circuit to reverse Hanen's overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.


    Along with Texas, the states seeking to block Obama's action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.

    http://www.seattlepi.com/news/texas/...on-6286966.php

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    Senior Member vistalad's Avatar
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    This is good news.

    One thing which could happen is that candidates for the 2016 elections could use the court's decision as a reason to protect the rights of American citizens and legal residents.
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    Our team wins again! That is why it is so important that ALIPAC holds the line against the illegal alien advance while this court case makes more ground!

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    Senior Member JohnDoe2's Avatar
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    4/13/2015

    http://www.alipac.us/f12/legal-case-...-court-318829/

    "
    the legal case against President Barack Obama’s executive actions on immigration could drag on for another two years and reach all the way to the U.S. Supreme Court."
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    Senior Member LAPhil's Avatar
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    All I can say is it's about time something went our way in the courts!
    LGBTQ (Let's Get Biden To Quit)

  7. #7
    Senior Member Judy's Avatar
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    Quote Originally Posted by LAPhil View Post
    All I can say is it's about time something went our way in the courts!
    And a great big ditto to that, LAPhil! I think the justices are putting their fingers to the wind as they should on matters such as this. I also hope that when this reaches the US Supreme Court and I assume it will, that they do likewise and realize that the courts historically have let our people down on the issue of immigration because many of these prior rulings have cost millions of Americans their jobs and better wages and benefits and stuck all American taxpayers with trillions in spending and national debt which is such an irony because the obligation of the US Supreme Court is and has always been to protect American workers and our national treasury, not give our jobs and hard-earned tax dollars away to illegal aliens.
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    MW
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    Yes, this is great news. However, the reality of the situation is, two Republican appointed justices voted against Obama while the lone liberal appointed justice voted in favor of Obama (2-1 ruling). Honestly, ask yourself this, would things have been different if there were two Democrat appointed justices and one Republican appointed justice? Personally, I think so. It is a shame that our courts act in such a partisan manner. They, just like our politicians, more times than not, act based on their political leanings. I expect this behavior from elected politicians, but judges should be held to a much higher standard (IMO). Judges these days seem like nothing more than pawns for the party that originally nominated them.

    One of the liberal leaning judges (Ruth Ginsburg) will probably be retiring from the U.S. Supreme Court during the next presidency. That is another very important reason we must ensure a conservative President is elected in 2016!

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  9. #9
    Senior Member JohnDoe2's Avatar
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    Obama Won’t Take Immigration Battle Directly to Supreme Court

    By MICHAEL D. SHEAR MAY 27, 2015



    President Obama boarded Air Force One for a trip to Miami on Wednesday. His ambitious immigration policy order remains on hold after a ruling by the Fifth Circuit Court of Appeals.CreditStephen Crowley/The New York Times


    WASHINGTON — President Obama will put off a confrontation at the Supreme Court over his immigration executive actions, choosing not to ask for permission to carry out the programs while a fight over presidential authority plays out in the lower courts, officials said Wednesday.

    As a result, Mr. Obama’s vast overhaul of the nation’s immigration laws, which he announced with great fanfare last November, might not be resolved until just months before he leaves office.


    In a statement on Wednesday, officials from the Justice Department said they would not ask the Supreme Court to reverse this week’s decision by the United States Court of Appeals for the Fifth Circuit that continues to block the president’s immigration actions.


    The statement said the department was committed to defending the president’s actions and getting the immigration programs in place with certainty.


    “The department believes the best way to achieve this goal is to focus on the ongoing appeal on the merits of the preliminary injunction itself,” said Patrick Rodenbush, a spokesman for the Justice Department. “Although the department continues to disagree with the Fifth Circuit’s refusal to stay the district court’s preliminary injunction, the department has determined that it will not seek a stay from the Supreme Court.”

    The president’s executive actions, which would have blocked deportation and provided work permits to millions of undocumented immigrants, have been on hold since a Texas judge ordered a halt, calling it an executive overreach and saying it violated the government’s administrative procedures.


    Rather than continue to fight to overturn the judge’s blocking order, administration officials said Wednesday that government lawyers would wait and make what they believe will be a stronger argument on the merits of the president’s immigration program.


    Those oral arguments before the Fifth Circuit are scheduled to begin during the week of July 6, and administration officials expressed confidence that they would eventually succeed in defending Mr. Obama’s authority to overhaul the immigration system.


    The decision not to ask the Supreme Court to allow the program to move forward now is also the result of a practical reality, officials said. Even if the court had given the government the green light to implement carry out program, the ongoing legal fight would probably have scared away most of the undocumented immigrants who would have to come out from the shadows to apply for the benefits.

    http://www.nytimes.com/2015/05/28/us...eme-court.html

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  10. #10
    MW
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    Quote Originally Posted by JohnDoe2 View Post
    Obama Won’t Take Immigration Battle Directly to Supreme Court

    By MICHAEL D. SHEAR MAY 27, 2015



    President Obama boarded Air Force One for a trip to Miami on Wednesday. His ambitious immigration policy order remains on hold after a ruling by the Fifth Circuit Court of Appeals.CreditStephen Crowley/The New York Times


    WASHINGTON — President Obama will put off a confrontation at the Supreme Court over his immigration executive actions, choosing not to ask for permission to carry out the programs while a fight over presidential authority plays out in the lower courts, officials said Wednesday.

    As a result, Mr. Obama’s vast overhaul of the nation’s immigration laws, which he announced with great fanfare last November, might not be resolved until just months before he leaves office.


    In a statement on Wednesday, officials from the Justice Department said they would not ask the Supreme Court to reverse this week’s decision by the United States Court of Appeals for the Fifth Circuit that continues to block the president’s immigration actions.


    The statement said the department was committed to defending the president’s actions and getting the immigration programs in place with certainty.


    “The department believes the best way to achieve this goal is to focus on the ongoing appeal on the merits of the preliminary injunction itself,” said Patrick Rodenbush, a spokesman for the Justice Department. “Although the department continues to disagree with the Fifth Circuit’s refusal to stay the district court’s preliminary injunction, the department has determined that it will not seek a stay from the Supreme Court.”

    The president’s executive actions, which would have blocked deportation and provided work permits to millions of undocumented immigrants, have been on hold since a Texas judge ordered a halt, calling it an executive overreach and saying it violated the government’s administrative procedures.


    Rather than continue to fight to overturn the judge’s blocking order, administration officials said Wednesday that government lawyers would wait and make what they believe will be a stronger argument on the merits of the president’s immigration program.


    Those oral arguments before the Fifth Circuit are scheduled to begin during the week of July 6, and administration officials expressed confidence that they would eventually succeed in defending Mr. Obama’s authority to overhaul the immigration system.


    The decision not to ask the Supreme Court to allow the program to move forward now is also the result of a practical reality, officials said. Even if the court had given the government the green light to implement carry out program, the ongoing legal fight would probably have scared away most of the undocumented immigrants who would have to come out from the shadows to apply for the benefits.

    http://www.nytimes.com/2015/05/28/us...eme-court.html

    Let's be honest here. The reason the Obama administration is not taking this to the U.S. Supreme Court is because they know he would probably lose, which means it's done, over, ended. Furthermore, it will make him look like an idiot. Yep, Obama is running scared.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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