Appeals Court Upholds Injunction Against Obama Immigration Plan

The U.S. Department of Justice has stated that it does not agree with the federal court and will appeal the court ruling that blocked Obama’s proposal to give up to five million undocumented immigrants work permits, as well as shield the majority from being deported.

“The Department disagrees with the Fifth Circuit’s adverse ruling and intends to seek further review from the Supreme Court of the United States”, Patrick Rodenbush, spokesman for the U.S. Department of Justice, said in a statement reported by Reuters. Texas Attorney General Ken Paxton, one of the officials seeking to block the Obama order, said the appellate court ruling “has secured an important victory to put a halt to the president’s lawlessness”.

“The question will be whether or not the administration can staff up in time”, said Ali Noorani, executive director of the National Immigration Forum in Washington.

The panel of the U.S. Court of Appeals for the 5th Circuit in New Orleans heard the appeal and voted it down, in an unexpected move, reports MSN News on November 10.

The plan would also expand a 2012 program known as Deferred Action for Childhood Arrivals (DACA), which allows temporary legal status for young immigrants under 30.

“It was just about a year ago when the President announced his plan to allow parents of US citizens and permanent residents to remain here and work without fear of deportation”.

Obama launched the plan after immigration reform efforts stalled in the last Congress. “When you see Congress do next to nothing it means that executive actions need to be considered, even if they would not advance the country as far as common sense congressional action would”, Earnest said. The timing will depend on whether the Justice Department appeals the decision directly to the Supreme Court.

The Texas court rejected the Obama administration’s argument that, among other things, the states did not have the standing to challenge the order.

Jacobs said the Fifth Circuit’s ruling against President Obama’s immigration reforms wasn’t the worst-case scenario for immigrants. They ruled 2-1 that a lower court didn’t overstep its bounds by putting an injunction on the enforcement of the immigration plans.

In a 53-page dissent, Judge Carolyn Dineen King said the administration was within the law, casting the decision to defer action on a few deportations as ‘quintessential exercises of prosecutorial discretion, ‘ and noting that the Department of Homeland Security has limited resources. “I had hopes that my situation here would change … but I still have hope that the Supreme Court will do something”.