A federal appeals court has upheld a U.S. district court’s injunction preventing the Obama administration’s executive amnesty programs from moving forward.
U.S. District Court Judge Andrew Hannan placed a preliminary injunction on Obama’s executive amnesty programs in February, and denied a second request from the Justice Department in March — ruling that the executive order must not be implemented until the lawsuit from the states is decided, keeping the programs from taking effect. Obama’s attempts at amnesty included the Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Judge blocked the programs after a coalition of 26 states challenged the executive amnesty. The federal government did not help their case by preceding to grant work permits to illegals anyway, in spite of the injunction.
Justice Department lawyers sought a stay on the injunction fro the 5th Circuit Court of Appeals. The Court declined to issue a stay on a 2-1 vote because it concluded the government is unlikely to succeed on the merits of its appeal. This represents a significant setback for Obama’s executive amnesty plans.
Judge Smith noted that the:
affirmative act of conferring “lawful presence” on a class of unlawfully present aliens. Though revocable, that new designation triggers eligibility for federal and state benefits that would be otherwise available.’
Although prosecutorial discretion is broad, it is not ‘unfettered.’ Declining to prosecute does not convert an act deemed unlawful by Congress into a lawful one and confer eligibility for benefits based on that new classification.
Both the State of Texas and the Obama administration have signaled willingness to take the case to the Supreme Court. The
Texas is leading the 26 state coalition that is challenging the amnesty. Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan Mississippi, Montana, Nebraska, North Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin are members of the coalition.
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