Obama Suffers Another Defeat on Immigration in Federal Court

Jordan Fabian, The Hill, May 26, 2015

A federal appeals court dealt President Obama a defeat on Tuesday as it declined to lift a judge’s order blocking his sweeping executive action on immigration.

The Fifth Circuit Court of Appeals sided with a Texas judge who issued an injunction preventing the programs from going into effect. The appeals judges ruled 2-1 that the order must stay in place.

“Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction,” the judges wrote.

The court’s order makes it tougher for Obama to implement what the White House had seen as one of the signature programs of his second term, with just 20 months left to go in his administration.
After Congress declined to pass an immigration overhaul last year, Obama ordered the creation of a new program that allow parents of U.S. citizens or legal resident children to apply for temporary deportation relief and work permits.

He also expanded a similar program, known as Deferred Action for Childhood Arrivals (DACA), that applies to immigrants who were brought to the U.S. illegally as children.

But Texas and 25 other states filed a lawsuit challenging those actions, arguing Obama exceeded his constitutional authority. They also said the programs would overburden state services, such as healthcare, education, and motor-vehicle departments.

{snip}

“The public interest favors maintenance of the injunction,” the judges wrote.

They also said granting stays of deportation to broad groups of immigrants goes beyond the president’s “prosecutorial discretion.”

{snip}

Immigrant-rights groups urged the Obama administration to appeal the ruling to the Supreme Court.

{snip}

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  • That sound you hear is half the lawyers in Washington, D.C. trying to figure out how Obama can get what he wants even if SCOTUS rules against him.

    • DevilDocNowCiv

      You will see what you describe-he will get something he wants out of this.
      The only two ways a Pres can be stopped are (1) the Nixon way-the media joins
      an opposite party congress and many of his own party, they being afraid of the
      media, and the Pres is ready to resign in the face of expecting continued bad
      press and sinking popularity plus a conviction in the senate following
      impeachment in the House-so the Pres resigns; (2) The Clinton way-facing
      impeachment, but instead of winning in the Senate, the Pres looses. He then loses
      his office in shame, and his VP gets sworn in.

      But if the Repubs remember Clinton, they remember that the media joined Hollywood
      and many publishers to work for years supporting as much of a cushion for
      Clinton as possible, with stories about other Pres’s who lied, cheated and
      stole. And how evil the Repubs and Ken Star were. Polls showed Bill to be popular
      and even Repubs in the Senate vote him innocent. His popularity continued to
      rise as the Dems “danced in the endzone” and the media continued and
      join them in belittling Repubs.

      The senior Repubs and all Dems remember this-Obama may have been courting
      impeachment, confident of media and Dem support in getting
      “acquitted” in the Senate like Bill. He can’t court impeachment too
      obviously, or he risks popular opinion. But the popularity of the
      “Dreamer” meme means he can push this. Just look how quickly the
      opposition to the multitude of kid illegal’s who came over once the media
      dropped coverage? Expect him to keep pushing the envelope.

    • Lexonaut

      “… how Obama can get what he wants even if SCOTUS rules against him.”

      They’ll just follow the Clintons/Obama model for successful evasion of the law — keep making mistakes that somehow always end up favoring what you want to do rather than what you were told you must not do.

      After all, everybody makes mistakes, right? Just ask the accountants for the Clinton Foundation.

      • When you boil this lawsuit of TX v USA down to the bare metal of the hard drive, (though since more and more hard drives are SSD and M.2, I have to quit saying that), the legal wrangling is entirely over the work permits. Whether or not Obama blew through the letter and spirit of the provision of 1986 IRCA which allows the President unilaterally to grant work permits to illegal aliens. The courts could say that he went too far in his use of prosecutorial discretion, but even if they rule against him in that regard, they can’t make Baraq Obama file civil deportation cases; his getting what he wants in that regard is as simple as him not filing civil deportation cases. (Laziness is not hard for Obama). The other issue, the work permits, is trickier. He would have to stop issuing formal work permits if the courts find against him. So what he would have to do is find a way to allow illegal aliens to work without there being any legal consequences for either employees or employers. And I think how he would do it is telegraph behind the curtains that he’s no longer going to prosecute employers for hiring illegal aliens.

        • Lexonaut

          Sounds good to me. At least we agree that the thought of defying SCOTUS would not deter Obama in this slightest.

  • Vito Powers

    Shouldn’t the headline be “Obama, Boehner and McConnell Suffer Another Defeat on Immigration in Federal Court”?

  • E_Pluribus_Pluribus

    The dissenting justice, Judge Stephen Higginson, in the 2-1 decision to uphold the injunction on Obama’s amnesty, was appointed by President Obama. Not sure who appointed Judge Jerry Smith and Judge Jennifer Walker Elrod, who voted Yeah. A good working theory is that it was Bush. What a marvel it would be if a Democrat-appointed judge ruled in favor of enforcing immigration laws.

    • John Ambrose

      Here’s a picture of traitor Stephen Higginson:
      I wonder how many blacks and mestizos live in his neighborhood? How many attend school with his three precious little children?

      • Jaggers

        Doesn’t it just blow your mind that any heterosexual white male could be a liberal at this juncture?

        • John Ambrose

          Based on his actions and looks I’d say the guy is mentally/psychologically immature. In fact, I’d say most liberals are that way.

          • The term you are looking for is “Borderline Personality Disorder”.

          • LAGERTHA

            The female version is bad, but the male version of BPD is even worse when it comes to sociopathy.

          • Henry Ford

            Liberals are filth. They should be put down the way you put down a rabid dog.

        • John Smith

          Do we know he is a heterosexual?

        • Hammerheart

          Not really, no. It’s going to take something extremely out of left (heh heh) field to rebrainwash the brainwashable. Like WW2 era German martial propaganda level stuff.

  • Easyrhino

    This is merely a finger in the hole of a dike.
    How about ending birth-right citizenship or building a double fence like the Israelis utilize?

    • Henry Ford

      Because….the tribe has imposed a double standard.

      • ghettovalley

        Diversity for thee, but not for me.

  • Rob

    God Bless this judge.

  • The one judge who sided with Obama, that being an Obama appointee, wrote in his dissenting opinion that this is a matter that should be decided by elected officials, and not the courts. Ironically, the reason Boehner and McConnell surrendered and went ahead and funded this travesty is because they said this is a matter that should be decided by the courts. As if we’re supposed to sit back and watch everyone play a big game of hot potato.

    • propagandaoftruth

      Walker, Wisconsin Ranger ’16!

      Progressives hate him like we’re all supposed to hate Vladimir Putin, lol…

  • superlloyd

    Glad that the smug imposter is getting roadblocks on his legacy policy. Hope the courts outlaw his treason and that Congress impeaches the arrogant muslim mulatto interloper.

  • Jason Lewis

    He’ll get something done. If not, eight years of Hilary will do it.

    • WR_the_realist

      Hillary is already making citizenship for illegals a major part of her platform. Favoring illegal immigration is every bit as mandatory for Democrats today as is favoring homosexual marriage.

      • John Smith

        And every bit as destructive to the country’s cultural underpinnings.

      • Albert

        I hope immigration is still a hot issue when this comes down to the polls. I hope it has the same landslide effect it had for the last election of the senate and house seats and helps to usher out most of the dems.

      • ghettovalley

        Hitlery embodies everything that is wrong with the modern left in America.

        • Spikeygrrl

          And that’s even excluding Huma. At least Bathhouse Barry doesn’t sleep with his Persian puppetmistress.

    • Alexandra1973

      And meanwhile Jeb is saying we should respect illegal aliens.

      Heads they win, tails we lose.

      • Henry Ford

        Jeb has no chance.

        • mobilebay

          I hope the rest of the country thinks so too! When someone can look into the camera and say that “people break into this country as an act of love,” he’s surely not presidential material. Sounds treasonous to me.

    • TruthBeTold

      I’m surprised he struck out twice.

      I hope to see a youtube video from c-span of Gutierrezs’ head exploding.

      • Henry Ford

        I would pay big money to see that if it were literally true.

  • WR_the_realist

    Every now and then there’s a little glimmer of sanity in our federal court system. It never lasts for long but I guess we have to be grateful for what little sanity we get.

    • Deacon Blue

      The CISCO patent ruling at SCOTUS today also reaffirmed – albeit likely pro
      tempore – my faith in our judiciary too.

  • Petronius

    So now it is a cause for celebration when the courts uphold the rule of law — which just goes to show how sick the American Republic has become.

  • For once, I must admit, thank God (and the Founding Fathers) for the independent judiciary!

    • John Smith

      Of course, there’s “judicial activism.”

      • Spikeygrrl

        And once in a while they’re on our side.

        Can we please, PLEASE clone Antonin Scalia and Clarence Thomas???

  • Who Me?

    “Obama ordered the creation of a new program that allow parents of U.S. citizens or legal resident children to apply for temporary deportation relief and work permits.
    He also expanded a similar program, known as Deferred Action for Childhood Arrivals (DACA), that applies to immigrants who were brought to the U.S. illegally as children.”
    **************************
    Taken all together, what Obama’s decisions amount to is if ONE member of a “family” manages to stroll across the border, regardless whether an adult or minor, they can then apply for every other member of that family to move here, and Obama wants them to be able to do so totally unrestricted.
    Minor children can bring in parents and siblings, parents can bring children, adults can bring spouses, people can drag in the aged and infirm and get them all on SS and SSI and Medicaid and TANF and ESL instruction in the schools, and God knows what all else.
    “Come one, come all–free party, all the goodies you can drag off. Bring a truck, take it all!”

    • LAGERTHA

      That “one member” then finds a Section 8 housing to stuff three-generations of family members(anywhere from 30-40 people) working multiple jobs at all hours of the night, pregnant women, screaming half-naked children running around unsupervised in filthy squealer, meanwhile, the slumlord lives 500 miles away leaving the neighborhood homeowners bewildered and angry. Soon, property values decline, crime goes up, and life becomes miserable for all.

      The real monsters in our lives don’t hide under beds, they sit in the lap of luxury allowing human depravity to fester.

    • Albert

      What you just said makes obvious sense and has succeeded in scaring the unholy BLEEP out of me = |

  • Alex Dihes

    – Barack, where have you been, my darling?
    -At the ophthalmologist’s.

    -What did he advice?
    -To learn the ABC.

    • Henry Ford

      Dialogue of the Obama’s in bed.
      Obama: “God, I hate white people!
      Michelle: “Me too dear. Goodnight.”

      • Albert

        After he was elected- Michelle Obama was quoted as saying it was the first time in her life she had ever felt proud of her country. Had she been white, the press would have ripped her to shreds over such an unpatriotic and hateful comment.

      • Spikeygrrl

        You think they actually share a bed?!

        HAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!!!

        Despite the reputed feud, that’s one thing the Clintons and the Soetoros have in common.

  • Alex Dihes

    – Alex, what would I be for the US if I leave the country for good?
    – Right now?
    – Yes.
    – A savior. Only a savior!

  • zamzow

    The hostile elites who pull Obamas strings are for this and it’s only a matter of time before they find a way to ram this through. Then the revolt starts.

    • Henry Ford

      Do you really think the cowardly white people are going to do ANYTHING to save their country?

      • LAGERTHA

        Never underestimate the power of White Rage.

        • Spikeygrrl

          Which you illustrate with an orange cat, ya maroon.

          …smh…

  • Henry Ford

    Obama is a hate filled anti-white bigot.
    He should be in jail.

  • Hilis Hatki

    Quick… lets sally out and destroy the trebuchet.

  • Earl P. Holt III

    Those gutless imbeciles — Boehner and McConnell — took Impeachment “off the table” six months ago, just to demonstrate what great leaders and visionaries they are…

  • mobilebay

    Illegals “brought to this country as children” are STILL illegal. They have their parents to thank/

  • Spikeygrrl

    I’m not objecting to the cat, I’m objecting that it’s ORANGE.

    Now if the cat had been white, glaring at a dog of Mexican breed, THAT would have been hilarious!