Appeals Court Rules Against Obama Immigration Plan

Appeals Court Rules Against Obama Immigration Plan


Board of Church & Society

11/10/2015

 

Appeals Court Rules Against Obama Immigration Plan

The 5th Circuit Court of Appeals on Monday agreed to hold Obama’s executive order on immigration – nearly a year after it was announced. The appeals court accepted Texas’ argument that an expansion of immigration relief to include a wider class of undocumented immigrants would cause the state to “incur significant costs in issuing driver’s licenses to DAPA beneficiaries” – a basic “harm” requirement for any litigant seeking stand to sue. A study by the Center for American Progress estimated that DAPA would benefit up to 3.7 million individuals.

"The most directly impacted are the five million U.S. citizen children whose parents would be eligible for temporary relief from deportation," said Marielena Hincapié, executive director of the National Immigration Law Center. "We now call on the Department of Justice to seek Supreme Court review immediately, where we are more likely to obtain justice for our communities.

Supporters of Obama’s immigration policy said there is still time for the Supreme Court to get involved. "The Supreme Court recognized just three and a half years ago that a principal feature of the removal system is the broad discretion exercised by immigration officials, including whether it makes sense to pursue removal at all," said a  statement from Brianne Gorod, an appellate lawyer with the liberal Constitutional Accountability Center, which filed a brief in the Texas case. "The Supreme Court should reaffirm that principle, recognizing that the president’s immigration initiative is simply an exercise of that lawful discretion, and allow the program to be implemented immediately."

Read the divided 124 page ruling here:  http://www.ca5.uscourts.gov/opinions/pub/15/15-40238-CV0.pdf
 

What can you do to help?

  • ·   Join faith leaders with New Sanctuary Coalition on Friday, November 13th at 3pm at Judson Memorial Church to discuss this and the DAPPA campaign
  • Come to the Immigration Task Force Meeting on Saturday, November 21st at 1:30pm at NYAC Conference Center. Join us as a we strategize and plan a vision.
Read more:
 
USA Today: “Appeals Court Deals Crippling Blow to President Obama’s Immigration Plan” 
 
The U.S. Court of Appeals for the 5th Circuit upheld a challenge to the deferred deportation program brought by Texas and 25 other states with Republican governors, who argued that Obama lacked the authority to protect one-third of the nation’s undocumented immigrants by executive fiat. The authority that the administration claimed, the court said in a 2-1 ruling, would allow it “to grant lawful presence and work authorization to any illegal immigrant in the United States.”
 
The four month wait from the 5th Circuit Court of Appeals could now mean that the Supreme Court won’t get the case during this current term and won’t decide office before Obama leaves. Under that scenario 4.3 million undocumented immigrants deemed eligible for the program would be under the mercy of the next president –either a democrat who favors giving them temporary protection from deportation, or a republican who would most likely would have campaigned against it. 
 
This is a crushing defeat for millions of immigrant families who hope to win protections that would make them eligible for three-year work permits and a host of health care, disability and retirement benefits. 

 
Read the full article here:  http://www.usatoday.com/story/news/politics/2015/11/09/appeals-court-obama-immigration-plan/75491724/