Federal Appeals Court Gives Obama Major Setback On Amnesty Program


Ruling 2-1, the three-judge panel made it highly likely that he’ll have to go to the Supreme Court to try to continue with his amnesty plans.

Of course, we all know this man, he broke the injunction by the lower court before by marching on with his program and even hid 100,000 amnesty approvals from that judge – so  he is likely to thumb his nose at the courts again. Hopefully, one day he will cross a judge with the stones to do something about it.

The majority, Judges Jerry E. Smith and Jennifer Elrod, said the president’s new program, known as Deferred Action for Parental Accountability or DAPA, is a new binding policy that probably should have gone through the usual public notice and comment period, instead of being announced unilaterally by Mr. Obama and Homeland Security Secretary Jeh Johnson late last year.

“We live in a nation governed by a system of checks and balances, and the president’s attempt to bypass the will of the American people was successfully checked again today,” said Texas Gov. Greg Abbott, who as his state’s attorney general last year began the lawsuit challenging the new amnesty.

Twenty-five states joined Texas in suing to halt the amnesty, arguing they would bear new costs in having to issue driver’s licenses to the illegal immigrants and provide health care and other services to them. The states said the president’s actions were unconstitutional or, at the very least, illegal.

First a district court, and now a federal appeals court, have sided with Texas, serving as twin legal rebukes to Mr. Obama and his defenders, who had insisted the steps he took were consistent with the law and with previous presidents’ actions.

Immigrant-rights advocates said they will keep fighting, and tried to cast both the district and appeals courts as legal outliers.

“We are on the right side of history, the right side of justice,” said Marielena Hincapie, executive director of the National Immigration Law Center.

The rulings do not affect Mr. Obama’s 2012 amnesty for so-called Dreamers, which has already granted tentative legal status to more than 600,000 illegal immigrants, and it also doesn’t take away Mr. Obama’s ability to decline to deport illegal immigrants. That means none of the more than 4 million people in question are likely to be kicked out of the country.

But the judges have ruled that Mr. Obama can’t go further and grant many of those people an affirmative status carrying all sorts of benefits, including driver’s licenses, tax credits and preferential work status under the terms of Obamacare.

Source: washingtontimes.com


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