Obama’s immigration action blocked again; Supreme Court only option left

U.S. President Barack Obama’s attempts to save more than five million undocumented immigrants from deportation suffered another step-back Monday evening after a court blocked the initiative.

A 2-1 decision by the fifth U.S. circuit court of appeals in New Orleans has upheld a previous injunction – dealing a blow to Obama’s plan, which is opposed by Republicans and challenged by 26 states.

Monday’s appeals court ruling “has pretty effectively closed down any meaningful chance of immigration reform before Obama leaves office”, Richard Murray, a pollster and political science professor at the University of Houston, said in a phone interview. It follows a February ruling by U.S. District Judge Andrew Hanen of Brownsville that the Obama administration did not comply with the Administrative Procedure Act governing how federal regulations are made, and how much input the public has. He rejected the administration’s argument that the program was merely an expansion of an immigration enforcement policy meant to make efficient use of limited resources.

And now, this week, the temporary block was confirmed by the appeals court.

“Today, the Fifth Circuit asserted that the separation of powers remains the law of the land, and the President must follow the rule of law, just like everybody else”, said Texas Attorney General Ken Paxton in a statement. “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”. The group said the “Supreme Court should take up this case as soon as possible so that the country can reap all of the benefits that would come from these crucial initiatives”.

The administration argued in that the chief branch was within its rights in deciding to defer deportation of selected groups of immigrants, together with kids who have been delivered to the USA illegally.

Their ruling said the program “would dramatically increase the number of aliens eligible for work authorization, thereby undermining Congress’s stated goal of closely guarding access to work authorization and preserving jobs for those lawfully in the country”.

John Scalise, the No. 3 Republican in the House of Representatives, said in a Twitter message that the court decision was “a major victory for the rule of law”.

There are an estimated 11 million immigrants living in the country illegally.

Marielena Hincapié, the executive director of the National Immigration Law Center, said that while the appeals court ruling might be seen as another defeat for her cause, “in fact, this is the decision we were expecting”, she said.

Chishti added that November might be the last month the Obama administration could ask the high court to consider the case.

The appeals court dismissed the administration’s argument that Texas lacked legal standing to challenge a federal immigration program.