Appeals court delivers setback to Obama’s immigration plan

After an immigration reform bill died in Congress, Obama last November announced up to 5 million illegal immigrants would be eligible for deportation reprieves and work permits if they met certain conditions.

The ruling came out just a day after Homeland Security Secretary Jeh Johnson declared that the Obama administration “will fight on” and “defend” President Obama’s programs deferring the deportation of a few illegal immigrants, and allowing them to work in the United States. “President Obama’s decision to ignore the limits placed on his power and act unilaterally to rewrite our nation’s immigration laws is an affront to the Constitution”, Rep. Bob Goodlatte (R., Va.), chair of the House Judiciary Committee, said in a statement.

“In summary, the states have established a substantial likelihood of success on the merits of their procedural claim”, the court said.

Attorney General unusual and the top law enforcement officers of the other states involved in the challenge are celebrating the ruling as a victory for the rule of law. Judge Carolyn King, who dissented, was appointed by the Democrat Jimmy Carter.

“Every time this comes up I have to tell her, ‘Don’t worry, ‘ ” he said. Smith, a Reagan appointee, wrote the majority opinion.

Goodlatte and other Republican lawmakers signed an amicus brief submitted to the federal court in support of the states’ lawsuit to block Obama’s executive actions on immigration.

Attorneys for the state of Texas had argued that in addition to circumventing Congress and abusing his authority to enact immigration laws, the president’s order would cause the state harm in the cost of providing undocumented immigrants driver’s licenses and other benefits.

“Millions of people and their families have waited for the court’s decision for months and the wait has resulted in countless deportations and broken families”, said Angelica Salas, executive director for CHIRLA.

The left-leaning Center for American Progress said the ruling “ignores strong legal and historical precedent for the actions taken by the administration”.

Though the decision is a defeat for the Obama administration, the decision on Monday night could still allow enough time for the case to be taken to the Supreme Court before Obama leaves office.

In a 135-page decision, Smith wrote that District Judge Andrew Hanen’s decision in February to issue an injunction on Obama’s program was “impressive and thorough”. He was trying to make good on a promise to Latino voters to provide a few legitimacy to almost half of the 11 million people estimated to be in the United States without permission or basic rights. “Whether it can happen during the life of this presidency has always been the dominant question”. More broadly, this court ruling and the underlying case itself, which could potentially be supplemented by a lawsuit by the House of Representatives in the near future, guarantees that immigration will remain at the forefront of the political debate throughout the 2016 campaign.