Appeals Court Rules Against Obama’s Immigration Plan

The Obama administration said Tuesday that it will appeal to the Supreme Court to rule on President Obama’s executive actions that were aimed at shielding an estimated 5 million undocumented immigrants from deportation.

The 2-1 decision by the 5th U.S. Circuit Court of Appeals in New Orleans to uphold a May injunction deals a blow to Obama’s plan, opposed by Republicans and challenged by 26 states.

The DOJ added that they are committed to doing whatever will resolve the situation as fast as possible so that the Department of Homeland Security (DHS) can bring more accountability to the USA immigration system.

The immigration issue has driven a wedge between Hispanics, a voting bloc with increasing clout, and Republicans, many of whom take a hard line on illegal immigration, to the benefit of Obama’s fellow Democrats.

After a federal appeals court blocked President Obama’s initiative to protect millions undocumented immigrants from deportation, parents, like Antonio Campos, may be forced to leave their children who are American citizens.

“We strongly disagree with the 5th Circuit’s decision”, a White House official told the AP news agency.

The appeals court on Monday night struck down instructions from the Obama administration to concentrate deportation activities on criminals, while allowing those brought to the U.S.as children and undocumented immigrants with USA citizen parents and no criminal history to remain in the country without fear of deportation and the ability to work.

Justice Department spokesman Patrick Rodenbush said in a statement they were reviewing the opinion to determine how best to proceed.

DACA, as the program is known, was seen as an administrative answer to the DREAM Act, legislation once supported by Rubio that would provide legal status to those young immigrants. They cite that the “Obama administration had failed to abide by federal rule-making requirements”.

The appeal sets the stage for a potential summer Supreme Court hearing on the controversial immigration plans, the NY Times reported.

Texas governor Greg Abbott responded to the decision saying, “The court’s decision is a vindication for the rule of law and the Constitution…”

They acknowledged an argument that an adverse ruling would discourage potential beneficiaries of the plan from cooperating with law enforcement authorities or paying taxes.

Regardless of whether the Supreme Court takes up the case before then, it is sure to become a major point of contention during the 2016 election campaign.

Another sticking point in this case is that the Obama administration argued that the court should not even be taking up this issue because it can not review prosecutorial discretion action that the executive is making on a case-by-case basis.