Federal appeals court deals blow to President Obama’s amnesty
By Stephen Dinan -
The Washington Times -
Updated: 2:27 p.m. on Tuesday, May 26, 2015A
federal appeals court upheld an injunction against President Obama’s
new deportation in a ruling Tuesday that marks the second major legal
setback for an administration that had insisted its actions were legal.The
U.S. Court of Appeals for the Fifth Circuit ruled in favor of Texas,
which had sued to stop the amnesty, on all key points, finding that Mr.
Obama’s amnesty likely broke the law governing how big policies are to
be written.“The public interest favors maintenance of the injunction,” the judges wrote in the majority opinion.
Obama had acted in November to try to grant tentative legal status and
work permits to as many as 5 million illegal immigrants, saying he was
tired of waiting for Congress to act.
full amnesty had been scheduled to begin last week, while an earlier
part had been slated to accept applications on Feb. 18. But just two
days before that, Judge Andrew S. Hanen issued his injunction finding
that Mr. Obama had broken the law.
Judge Stephen A. Higginson
dissented from Tuesday’s ruling, saying he would have left the fight
over immigration policy to the White House and Congress, saying Mr. Obama should have broad discretion to decide who gets deported and how he goes about that.
Just Higginson also said the fight was a political battle, not a legal one
political nature of this dispute is clear from the names on the briefs:
hundreds of mayors, police chiefs, sheriffs, attorneys general,
governors, and state legislators—not to mention 185 members of Congress, 15 states and the District of Columbia on the one hand, and 113 members of Congress and 26 states on the other,” he wrote.