Fifth Circuit Strikes Down Immigration Program
Photo by Julian Aguilar
Scott Keller, the Texas Solicitor General, speaks to reporters after delivering oral arguments before the U.S. Court of Appeals for the Fifth Circuit in New Orleans.
A three-judge panel of the U.S. 5th Circuit Court of Appeals has once again ruled against the Obama administration’s controversial immigration program, upholding a lower court's injunction barring the plan from taking effect while awaiting the outcome of a full trial on the lawsuit's underlying arguments.
The policy, called Deferred Action for Parents of Americans and Lawful Permanent Residents, was announced in November 2014 and would have allowed for more than 4 million undocumented immigrants nationwide to apply for three-year renewable work permits and reprieves from deportation proceedings.
Gov. Greg Abbott filed a lawsuit challenging the policy in his former role as attorney general last December, and 25 states joined the lawsuit.
"The court's decision is a vindication for the rule of law and the Constitution," Abbott said in a statement. "The president's job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today.”
"Separately, the United States postulates that the injunction prevents DHS from effectively prioritizing illegal aliens for removal. But the injunction 'does not enjoin or impair the Secretary’s ability to marshal his assets or deploy the resources of the DHS [or] to set priorities,'" the opinion states.
The next step for the administration will likely be an appeal before the U.S. Supreme Court. But it's unclear whether the high court, which began its current term last month, has enough time to consider the case.
“In this case the time line has always been a critical element of the outcome since it is a presidential discretionary order,” Muzaffar Chishti, an attorney and director of the Migration Policy Institute’s office at New York University School of Law, told the Tribune in October. “Whether it can happen during the life of this presidency has always been the dominant question.”
Chishti added that November might be the last month the Obama administration could ask the high court to consider the case. If it does, a ruling could come as late as June.
Even if the Supreme Court rules in favor of the administration, the president will be in the final months of his eight-year presidency, which will likely factor into whether potentially eligible immigrants apply for the protection.
Supporters of the immigration plan were quick to pounce on the state's leadership for filing the lawsuit.
"The 5th Circuit ruling is a setback, but it is Greg Abbott and his continued opposition to immigration reform that hurts Texas workers, families, and businesses," said Cristina Tzintzún, the executive director of the Workers Defense Project.
- by Julián Aguilar
- Nov. 9, 2015
Photo by Julian Aguilar
Scott Keller, the Texas Solicitor General, speaks to reporters after delivering oral arguments before the U.S. Court of Appeals for the Fifth Circuit in New Orleans.
A three-judge panel of the U.S. 5th Circuit Court of Appeals has once again ruled against the Obama administration’s controversial immigration program, upholding a lower court's injunction barring the plan from taking effect while awaiting the outcome of a full trial on the lawsuit's underlying arguments.
The policy, called Deferred Action for Parents of Americans and Lawful Permanent Residents, was announced in November 2014 and would have allowed for more than 4 million undocumented immigrants nationwide to apply for three-year renewable work permits and reprieves from deportation proceedings.
Gov. Greg Abbott filed a lawsuit challenging the policy in his former role as attorney general last December, and 25 states joined the lawsuit.
"The court's decision is a vindication for the rule of law and the Constitution," Abbott said in a statement. "The president's job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today.”
"Separately, the United States postulates that the injunction prevents DHS from effectively prioritizing illegal aliens for removal. But the injunction 'does not enjoin or impair the Secretary’s ability to marshal his assets or deploy the resources of the DHS [or] to set priorities,'" the opinion states.
The next step for the administration will likely be an appeal before the U.S. Supreme Court. But it's unclear whether the high court, which began its current term last month, has enough time to consider the case.
“In this case the time line has always been a critical element of the outcome since it is a presidential discretionary order,” Muzaffar Chishti, an attorney and director of the Migration Policy Institute’s office at New York University School of Law, told the Tribune in October. “Whether it can happen during the life of this presidency has always been the dominant question.”
Chishti added that November might be the last month the Obama administration could ask the high court to consider the case. If it does, a ruling could come as late as June.
Even if the Supreme Court rules in favor of the administration, the president will be in the final months of his eight-year presidency, which will likely factor into whether potentially eligible immigrants apply for the protection.
Supporters of the immigration plan were quick to pounce on the state's leadership for filing the lawsuit.
"The 5th Circuit ruling is a setback, but it is Greg Abbott and his continued opposition to immigration reform that hurts Texas workers, families, and businesses," said Cristina Tzintzún, the executive director of the Workers Defense Project.
Last edited:
