Tuesday, 06 Jan 2015 10:28 PM
By Todd Beamon

An attorney representing Arizona Sheriff Joe Arpaio on Tuesday asked a federal appeals court in Washington for an expedited hearing on a lower court order dismissing the sheriff's lawsuit challenging President Barack Obama's sweeping executive orders on immigration.

Larry Klayman, founder of the watchdog group Freedom Watch, told the U.S. Court of Appeals for the District of Columbia Circuit that the accelerated hearing was necessary to prevent Obama's orders from taking effect as early as next month.

Federal District Court Judge Beryl Howell dismissed Arpaio's lawsuit on Dec. 23, arguing that the Maricopa County sheriff lacked the legal requirements to qualify as a person of standing in bringing the case on constitutional grounds.

Howell is an Obama appointee, Klayman said. He and Arpaio contend that the judge erred in her ruling and that a preliminary injunction should be issued immediately.

Obama's actions included granting deportation relief and work permits to as many as six million illegals. He also expanded that Deferred Action for Childhood Arrivals Program that he created in 2012 for illegals who were brought here as children.

Arpaio — the self-proclaimed "Toughest Sheriff in America" — originally sought the injunction the morning after Obama announced his unilateral actions in a prime-time speech on cable television in November.

Klayman is a former federal prosecutor who sued the National Security Agency in 2013 over its massive data-collection programs after leaks by former contractor Edward Snowden.

"As the old adage goes, justice delayed is justice denied," Klayman said in a statement.

"The D.C. Circuit has a duty to move quickly to protect the citizens of Arizona and the nation from the harmful effects of allowing for the continued horde of illegal criminal aliens who will not now be deported to remain in the United States, as was required under existing law before Obama issued his executive actions.

"An early decision will also allow the Supreme Court discretion to review Obama's executive actions at the earliest practicable time," he said.

Arpaio added that "this act by the president will have a serious detrimental impact on my carrying out the duties and responsibilities for which I am encharged as sheriff.

"Specifically, if a preliminary injunction is not swiftly entered, Obama's illegal executive actions will severely strain and cause severe harm to the crime-fighting resources … necessary to protect the citizens I was elected to serve."

This is not the first time that Arpaio has squared off with the courts over immigration issues.

In May 2013, an Arizona federal judge ruled that deputies of Arpaio's office had racially profiled Latino drivers.

The judge ordered that race no longer be used as a factor in law enforcement decisions and appointed a court monitor to oversee Arpaio's operations.

Arpaio has denied that racial profiling occurred and has appealed against the judge's ruling.