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发帖数: 29846 | 1 Appeals Court Keeps Block of Obama Immigration Plan
Decision preserves lower-court hold on White House plan to shield millions
from deportation
A federal appeals court on Tuesday maintained a lower-court’s block of
President Barack Obama’s immigration plan.
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By
Nathan Koppel
Updated May 26, 2015 5:09 p.m. ET
A federal appeals court on Tuesday declined to let the Obama administration
proceed with its plan to defer deportations for millions of undocumented
immigrants.
Siding with officials in Texas and 25 other states who have challenged the
legality of President Barack Obama’s immigration action, the Fifth U.S.
Circuit Court of Appeals in New Orleans declined the administration’s
request to allow the federal government to begin implementing the plan while
the two sides continue a court battle.
Federal officials sought permission to move forward after U.S. District
Judge Andrew Hanen in February temporarily blocked the administration from
implementing the plan, which would allow more than four million people in
the country illegally to apply for deferred deportation and work
authorizations, among other benefits.
More
Read the Appeals Court Ruling
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Under the president’s plan, announced in November, immigrants would have to
meet certain criteria, including not posing a security threat and having a
child who is a U.S. citizen or lawful permanent resident.
Judge Hanen, based in Brownsville, Texas, agreed with arguments from Texas
and the other largely Republican states, who alleged that Mr. Obama
overstepped his authority by unilaterally proceeding with the program.
The Fifth Circuit on Tuesday declined to stay Judge Hanen’s injunction. It
is still scheduled this summer to hear a separate appeal by the
administration of the lower-court ruling.
“Because the government is unlikely to succeed on the merits of its appeal
of the injunction, we deny the motion for stay,” the court ruled.
The White House condemned the appeal court’s ruling on Tuesday, repeating
its position that the president was within his authority and noting that 15
other largely Democratic states, along with the District of Columbia, have
sided with the administration in the case.
“Today, two judges of the Fifth Circuit chose to misinterpret the facts and
the law in denying the government’s request for a stay,” said Brandi
Hoffine, a White House spokesperson. The president’s immigration moves, she
added, “are squarely within the bounds of his authority, and they are the
right thing to do for the country.”
An administration official said the Justice Department, which defends the
federal government in lawsuits, is evaluating the ruling and will consider
next steps.
The administration has said the program is designed to allow it to better
focus limited federal resources on high-priority deportations, such as
illegal immigrants who do pose threats to public safety.
In a brief filed earlier with the Fifth Circuit, the Obama administration
said Judge Hanen’s injunction had undermined the federal government’s
authority to prioritize which undocumented immigrants to deport. “The
Constitution does not entitle states to intrude into the uniquely federal
domain of immigration enforcement,” the administration said.
But the 26 states say the immigration program amounts to a broad award of
legal rights and benefits to millions of illegal immigrants and is not
merely a decision about who to deport.
In its 2-1 ruling, the Fifth Circuit panel concurred with the states,
concluding that the immigration program allowed a broad class of illegal
immigrants to be eligible for state and federal benefits.
In dissent, Fifth Circuit Judge Stephen Higginson wrote: “the order in
which noncitizens without documentation must be removed…must be decided,
presently is decided, and always has been decided by the federal political
branches.”
Texas Attorney General Ken Paxton, who is leading the suit by the states,
commended the ruling on Tuesday.
“This decision is a victory for those committed to preserving the rule of
law in America,” Mr. Paxton said. “Telling illegal aliens that they are
now lawfully present in this country, and awarding them valuable government
benefits, is a drastic change in immigration policy. The president’s
attempt to do this by himself, without a law passed by Congress and without
any input from the states, is a remarkable violation of the U.S.
Constitution.”
Immigrant-rights groups, meanwhile, voiced concern.
“Once again, we find ourselves in a battle to preserve the hope of millions
of families who have long made America their home,” said Rocio Sáenz,
executive vice president for the Service Employees International Union,
which supports the immigration plan.
The National Immigration Law Center said the Fifth Circuit ruling would
damage immigrant families and the economy.
“Immigrant-rich states and cities, in which more than half the U.S.’s
foreign-born population lives, have already said that the president’s
immigration actions will help their economies,” said Marielena Hincapié,
the group’s executive director. “We call upon the Justice Department to
continue its efforts to get this injunction lifted by bringing the matter
before the Supreme Court without delay.” |
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