Obama’s Immigration Orders Head to Federal Court in New Orleans

Jason Devaney, Newsmax, April 17, 2015

A federal appeals court is slated to hear oral arguments Friday in a case to remove an order that halts President Barack Obama’s executive actions on immigration.

The arguments between federal government lawyers and attorneys from more than two dozen states that disagree with Obama’s immigration actions will take place in New Orleans in front of three judges from the Fifth Circuit U.S. Court of Appeals, according to The Hill.

That court is one of the most conservative in the nation, and the random selection for judges to serve on the panel resulted in two conservatives and one liberal being chosen.

At issue are Obama’s executive actions taken last fall that would grant amnesty to as many as 5 million illegal immigrants currently living in the U.S. In February, a federal judge in Texas issued a ruling that temporarily blocked the administration’s measure.

The administration wants the immigration orders put into action, and now it’s looking for the Texas judge’s ruling to be lifted by the Fifth Circuit U.S. Court of Appeals.

The panel features conservative judges appointed by President Ronald Reagan and President George W. Bush. The other judge is an Obama appointee.

The conservatives on the panel, Judges Jerry Smith and Jennifer Walker Elrod, have ruled against the Obama administration in the past in cases concerning the Affordable Care Act and immigration.


Hundreds of pro-immigrant advocates are expected to rally in front of the court  in New Orleans today.


The Fifth Circuit is due to hear a full appeal later this year to permanently undo Hanen’s decision in a case that could ultimately be decided by the U.S. Supreme Court.

A Los Angeles Times story further breaks down the case, identifying the lawyers leading each side’s case in Friday’s arguments.


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  • Publius Pompilius Quietus

    The one Obama-appointed judge will okay Obama’s despotic amnesty, therefore betraying not only the US Constitution but also the historic American nation without a second-moments’ thought; that shows how deceitful are our adversaries.

    • phorning

      Let’s hope no arm twisting is done to one of the other two. Past votes by any Republican appointed judge are no guarantee of future results.

      • Albert

        Aye. Obama has been known to make vague threats to those who would oppose him.

    • newscomments70

      Maybe that would be a good thing. It would inspire some apathetic Americans to take action. The Republicans want to continue backdoor amnesty. They prefer to give us an illusion of law and order. The democrat way is better, it sends more people into rage and action.

  • libertarian1234

    “Success is not assured. On April 7, the Fifth Circuit ruled that U.S. Immigration and Customs Enforcement officers and the state of Mississippi lacked standing to sue over a separate immigration action issued by Obama in 2012 allowing immigrants brought to the United States as children to stay.”

    Deciding that the plaintiffs in that case lacked standing is NOT a good omen. If the state of Mississippi and Border Patrol agents are deemed to have “no standing,” then why not? They’re certainly harmed by the black messiah’s action.

    This does not bode well for this case. The deterioration continues.

    • Bossman

      I believe you to be correct about that. Immigration is a federal matter. The states should not be able to decide what they like or don’t like about United States immigration policy.

      • Greg Thomas

        Except the states are the ones who have to bare the brunt of our federal government’s unwillingness to enforce the law. I mean illegal invaders do not camp out on the “federal” lawn. Likewise, states should have no right to create sanctuary cities, whereby illegal invaders are aided and abetted in their lawlessness.

        • kikz2

          the states are getting kickback grants to do it. it’s only going to get worse. here’s a run down on how these ‘New Americans’ will be petted and protected at taxpayer expense… here’s a rather large (snip) from an article and snips from the .pdf it contains.. i love how they spout that immigrants open more businesses.. well duh, they and their ‘minority’ status get all the grants… but it’s proffered as if the immigrants are more innovative, vibrant, and industrious than we slackers. are you in one of the latest “Promise Zones”?

          (.pdf snip) “Section 7.

          Connect the Promise Zone Initiative with Welcoming Communities Efforts. The President named the first five Promise Zones in 2014 and will designate an additional 15 Promise Zones by the end of calendar year 2016. In these Promise Zones, the federal government is partnering with local leaders to help them access the resources and expertise they need to create jobs, increase economic activity, improve educational opportunities, and reduce violent crime.

          (article snip) Today, in the East Room of the White House, the President will announce the first five “Promise Zones”, located in San Antonio, Philadelphia, Los Angeles, Southeastern Kentucky, and the Choctaw Nation of Oklahoma. (snip) They have developed strong plans to create jobs, provide quality, affordable housing and expand educational opportunity, which we’ll help them execute with access to on-the-ground federal partners, resources, and grant preferences. (this should read, HUD blockbusting coming to your town).


          (.pdf snip) Strengthening and Protecting the New American Workforce

          Foreign-born workers have higher labor force participation rates than native-born workers and contribute to a variety of sectors, ranging from service occupations to management, professional, and related occupations. (citation 78)

          According to the latest estimates, immigrant small business owners employed 4.7 million people and generated $776 billion in receipts.83 Additionally, 30 percent of small business growth, from 1990 to 2010, was fueled by new businesses started by immigrants and refugees. (citation 84)”

      • WR_the_realist

        States suffer the consequences of our federal government’s refusal to enforce its own immigration laws.

      • Then we secede. The words “by any means necessary” sound sexy when the left uses them, but my first comment on this matter was deleted by the moderator.

      • kikz2

        why shouldn’t the states be able to decide? the states are ones that ultimately bear the brunt in paying for the fed’s pets?

    • InAFreeCountry

      It seems that denying standing to a plaintiff is the way around these pesky efforts to enforce the Constitution. Sickening.

  • phillyguy

    too little too late, the only way we can survive is to suceed from the union . and this ain’t the 19th century, I don’t think they will want to start a war for secession, in this modern form of the US government they will let us govern our own states.

  • Lexonaut

    “Two of the appellate judges are conservative and one is liberal.”

    And it’s come to that, hasn’t it. The appellate courts and the Supreme Court are no longer about the law, they’re about putting lipstick on either donkeys or elephants, depending on how the dice have been loaded.

    • Guest


    • Guest


  • Light from the East

    The priority of laws is always above executive orders. This is a common sense for people with law background or even ordinary people. This is true for any country with laws and constitution. Unfortunately, in the US, someone breaks the system for his own and his followers’ benefits.

  • Eagle1212

    Dismantle Obozo’s illegal “executive order” and detain and deport all 50 million illegal alien invaders along with their anchor babies and extended families and friends.

  • InAFreeCountry

    The court will strike down Obama’s executive order, deport all illegal aliens that were admitted under this falsity, impeach Obama, bring charges of treason against him for knowingly letting illegal foreign nationals into this country.

    Then I woke up.

    • Rob

      We all have that same dream.

    • WR_the_realist

      I wish my dreams were as pleasant as yours.

  • Tarczan

    It’s a no lose situation for the despot. If the court rules in his favor, it’s good, and if it doesn’t, he ignores it and proclaims he is doing what is right.

  • Jason Lewis

    Hopefully the next President overturns this. Rubio has already said he would.