Immigration Overhaul May Be in Limbo Until Late in Obama’s Term

Michael D. Shear, New York Times, May 27, 2015

President Obama’s overhaul of the nation’s immigration system, which he announced in a prime-time speech to the nation last November, may remain under a cloud of legal uncertainty until months before he leaves office in 2017, legal experts and administration officials said Wednesday.

Officials from the Justice Department said in a statement that they would not ask the Supreme Court for permission to carry out the president’s immigration programs–which seek to provide work permits and deportation protection to millions of undocumented immigrants–while a fight over presidential authority plays out in the lower courts.

That legal battle may extend for a year or more, officials said, undermining any hope of putting the president’s plan into effect until right before the 2016 election.

“The timing is critical,” said Stephen H. Legomsky, a law professor at Washington University in St. Louis. “If the process drags on until the summer of 2016, then implementation becomes very difficult.”

{snip}

In a statement, officials from the Justice Department said they disagreed with a decision by the United States Court of Appeals for the Fifth Circuit that continues to block the president’s immigration actions. But they said the government will fight on the merits of the program, rather than push for permission to carry it out immediately.

Officials said they were committed to defending the president’s actions and to eventually getting the immigration programs in place with certainty.

“The department believes the best way to achieve this goal is to focus on the ongoing appeal on the merits of the preliminary injunction itself,” said Patrick Rodenbush, a spokesman for the Justice Department.

{snip}

Rather than continue to fight the judge’s initial order, administration officials said Wednesday that government lawyers would wait and make what they believe will be a stronger legal argument on the merits of the president’s immigration program.

Those oral arguments before the Fifth Circuit are scheduled to begin during the week of July 6, and administration officials expressed confidence that they would eventually prevail.

If the president were to win at the appeals court later this summer, legal experts said it was possible that Mr. Obama could order the program to begin later this year.

But administration officials said it was very likely that whoever lost at the appeals court would ask the Supreme Court to consider the full merits of the president’s actions. If the court agrees to hear the case, it would likely hear arguments during its term that begins in October and could issue a ruling the following June.

That would mean that the legal fate of the president’s immigration program would be decided just as the fall campaign for the 2016 presidential contest gets into full swing.

{snip}

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  • Officials from the Justice Department said in a statement that they would not ask the Supreme Court for permission to carry out the president’s immigration programs–which seek to provide work permits and deportation protection to millions of undocumented immigrants–while a fight over presidential authority plays out in the lower courts.

    All that means is that he’s going to find an end run to do most or all of what he wants even while the case is being litigated.

  • MekongDelta69

    Not to worry – I have ‘faith’ that America’s black muslim Marxist dictator and his totalitarian regime will pull something out of their hats before ‘Dear Leader’ leaves office… IF he leaves office…

    • Jason Lewis

      Hilary will take the football if he doesnt.

      • AndrewInterrupted

        “…Operation: Gerrymander must not fail!…”

  • Petronius

    Don’t worry. Nobody is going to be deported. This only means that Nerobama’s illegal plan to “legalize” his peeps with work permits and Social Security cards will be delayed. Maybe.

    The Glorious Revolution of 1688 overthrew the tyrant King James II and ushered in the reign of William & Mary in Britain and her American colonies. The Glorious Revolution was noteworthy because it was virtually unopposed and peaceful.

    It was promptly followed in 1689 with the documentation of the English Bill of Rights, which became part of the British constitution (including her colonies in America).

    The English Bill of Rights had about a dozen provisions, most of which were folded into the Bill of Rights of the US Constitution about one hundred years later.

    The first provision of the English Bill of Rights provided that the suspension of the laws or of execution of laws by royal authority without consent of Parliament is illegal.

    The second provision of the Bill of Rights provided that the dispensing of individuals from the provisions of laws or from the execution of laws by royal authority is illegal.

    Hence the “faithfully executed” provision in Article II, section 3 of the US Constitution.

    And so when the Emperor Nerobama refuses to execute the immigration laws, he not only violates the US Constitution and his oath of office. He even exceeds the royal prerogatives of 17th century British monarchs.

    Looks like it’s about time for another Glorious Revolution.

    • Johann Wald

      “….time for another Glorious Revolution.” Ditto that. It’s actually long overdue. From the Declaration of Independence: “Governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and institute new Government.” I see very little being done at the Federal level that even remotely has the consent of the governed. This includes our Unconstitutional overseas military expeditions and the trillions wasted on blacks since 1965. The list beggars one’s imagination actually.

      • Who Me?

        Well, you see, it is written that “the will of the People”. Obama (who is actually just a figurehead) and the real leaders of the regime are planning to take care of that pesky little problem by installing a new “people”.

    • newscomments70

      Even Czechs and Slovaks can’t live together. To assume that whites, blacks, hispanics and Arabs can live together is lunacy. It’s falling apart. We only had the illusion of peace when whites were the majority. Liberal elites will assume that we are fine with having our children raped by third world immigrants, and that we are happily celebrating our own genocide. They are quite wrong.

      • IstvanIN

        in a September 1992 poll, only 37% of Slovaks and 36% of Czechs favoured dissolution.[2]
        It was more of a problem between politicians than those of the people, unlike other national dissolutions.

        • DonReynolds

          Norway was created as a separate nation when it broke away from Sweden a century ago, without a shot being fired. THAT is a good model to follow.

    • Henry Ford

      White people are far too cowardly to revolt. White men will willingly give their wives and daughters to blacks and mestizos.

      • Hilis Hatki

        If La Raza given status to go on CSPAN along with government monies doesn’t do it what will.

      • Rob

        They are already doing that thorugh their marxist run churches.

  • Ringo Lennon

    I remember a time when illegal immigrant meant migrant worker. Now they’re here year round. Lucky us.

    • Mack0

      Welfare system keeps them rooted. Have a kid and never go home. Anchor babies are an absolute reality

  • listenupbub

    Mexicans at work today were looking at this on their cell phones.

    American immigration law is a massive deal to other countries. They watch it like a hawk. Our new is their news.

    Becoming the nation of immigrants has greatly changed the way the rest of the world plans their lives and their communities.

    • DonReynolds

      By US law, NONE of them are immigrants of any kind. Only persons who came to this country legally and are part of the immigration system are immigrants. The others are drug smugglers, cartel hit men, kidnappers, thieves, rapists, and colonists of foreign countries…..also known as illegal aliens.

      • Henry Ford

        A few thousand would be immigration.
        Thirty million is an INVASION.

  • DonReynolds

    I must say I am surprised in a way.
    Obama has thumbed his nose at the Constitution for the entire time he has been in office but suddenly, he is going to obey a Federal court injunction? I honestly expected him to defy the Federal judiciary and “do it anyway”, the same way he has defied Congress and the will of the American people. Don’t be too surprised when it happens.

  • Paleoconn

    Sessions-Hanen 2016
    Obama-Impeachment 2015

  • WR_the_realist

    The Democrats feel a desperate need to get this done before 2016 because they want that solid new bloc of Democratic voters.

  • Hilis Hatki

    Wait till right before the election to bring it up, so as to turn out the multicultural antiwhite vote.

    • SoulInvictus

      Yup. It will be the whole freak show on parade right before election time.
      Immigration, gay marriage, guns (probably after expanded violence somewhere like Baltimore), global warming, etc.

      The link below is what I’d like to see our politicians sound like (pertains to white genocide):

      https://wwwDOTyoutubeDOTcom/watch?v=0tGACrehVOo

  • mobilebay

    “undocumented immigrants”…When are authors going to stop losing all credibility by using the above euphemism to describe illegal aliens? I cease reading an article when I see the writer has reached out to a liberal audience by dressing up the real term as best he can. Or does he hope that if we stop using the correct terminology, it will magically become okay to have broken into this country and taken up residence and that law-abiding citizens should just ignore this travesty as well as approving the non-enforcement of our laws?

  • “Rather than continue to fight the judge’s initial order, administration officials said Wednesday that government lawyers would wait and make what they believe will be a stronger legal argument on the merits of the president’s immigration program.”

    And what could that be? Uhhh…”The white man stole this land from the Native Americans and this country was built on the genocide of the Natives and the enslavement of Africans. It is about time for the white man to realize what it is like to be the oppressed minority in this country. Evil in the world is caused by colonialism and racism and the ‘systemic’ (I love that word!) oppression that arises from racism and white supremacy….”

    Yeah, there sure are strong arguments in favor of the administration’s immigration policy, huh?

  • BillMiller66

    If it happens, it will be because the GOP goes along with it.

  • newscomments70

    I forgot about Austro-Hungary….all white, often blond haired folks with the same religion, but different language. Even they can’t live together. And look at Germany, Poland, Russia. They look similar, same religion. They often hate each other. Even today, you will hear hateful words on all sides of the borders.

  • Rob

    Obama will do anything in his power to destroy America. I just feel like giving a piece of my mind to the people that voted for this commie.

    • newscomments70

      80% of the white people that I know voted for him, even moderates. 100% of non-whites that I know voted for him, even “model minorities”.

      The mantra was “Obama is cool and hip. Romney is a boring old white man.”

      • Though that’s sorta the Pauline Kael Syndrome in reverse. 58% of whites voted for Romney nationally, varies by county, city, state.

      • Rob

        And now I hope those stupid white people see the light and have repented.

        • newscomments70

          Most have not…even my moderate, polite, suburban cousins. They have some weird mantra: Obama is good for women, etc. His policies have increased interracial rape, but he is good for women somehow.

  • Rob

    I aksed my older friend that is going on a curise if she would like to visit Mexico and she said nope, she sees enough of them here.

  • BillMiller66

    Legally you are correct, sir. I was just thinking more about the politics of it. What I’ve seen for the last six years is Obama trying to destroy everything that’s good about America, and a GOP that’s not really interested in standing up to him.