Obama to seek emergency order restarting immigration programs

The Hill ^ | February 20, 2015 | Mike Lillis

[jazusamo]

The Obama administration will seek an emergency court order to move forward with President Obama’s executive action on immigration.

Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge's injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.

White House press secretary Josh Earnest said DOJ will file for the stay by "Monday at the latest."

The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.

"We — as immigrants and as Americans — have waited for nearly a quarter century for these much-needed improvements to our broken immigration system," Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. "We should not allow a flawed legal decision to delay these changes any longer.”

Making good on earlier vows, DOJ will also file a separate appeal seeking to restart the executive programs.

"We will seek that appeal because we believe when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps he announced last year to help reform our immigration system,” Earnest said.

At issue are two new initiatives launched unilaterally by Obama on Nov. 20.

The first expands eligibility for the president's 2012 Deferred Action for Childhood Arrivals (DACA) program, which halts deportations and allows work permits for certain undocumented immigrants brought to the country as children. The second, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.

Combined, the programs could affect as many as 5 million immigrants living in the country illegally.

Many states, however, were quick to object. And Texas — joined by 25 other states — filed a lawsuit contending the programs marked an abuse of executive authority that would cripple their budgets with exorbitant new costs.

In a decision announced near midnight on Monday, U.S. District Judge Andrew S. Hanen agreed, arguing that the administration failed to comply with a federal law governing the adoption of new federal rules.

Hanen has not yet ruled on the merits of the states' complaints, but said they have a significant enough case that both the DAPA and expanded DACA programs should be put on hold until the legal challenges are resolved.

The effects of the decision were immediate, as administration officials quickly announced that they would not begin accepting applications for either program until the court decisions are final.

Before the ruling, the Homeland Security Department was poised to begin accepting applications for the expanded-DACA program this week, and the for the DAPA program in May. Both have been suspended indefinitely.

Hanen's injunction does not affect the original DACA program, which remains up and running.

— Last updated at 2:13 p.m.

[jazusamo]

Bump!

[Jane Long]

Just like...who knows how much YOU can afford for healthcare?

0bola knows! Obola’s standards.

[Liz]

We made huge gains at Nov midterms--at the national State and local levels. GOP now controls federal and many, many state legislatures. Repub governrs in CT, MA, and IL is devastating to the Dems.....because far-left states went Repub.

Nice insights---enjoyed reading them. Btitt Hume reported the latino vote was zilch. More ominous for Dems---Repub governors mean Repub Secys of State who control the election machinery.

==================================================

The treasure trove of "The Midterm Democrat Demolition Derby" and down-ticket state wins have yet to be fully- mined, but this we know:

REPUBLICANS WON STUNNING HISTORY-MAKING ELECTORAL VICTORIES

<><> midterms were a massive and awesome rejection of liberals;

<><> Southern Democrats control not a single governorship, US senator or legislative chamber,

<><> Democrat losses stretch from the Carolinas westward to Texas,

<><> 110 Of 140 Southern States election districts went Republican.

<><> GOP's House majorities are so huge and solid NBC's Chuck Todd says Dems can't recapture losses until 2022.

<><> Some pundits say Republicans have a 100-year majority;

<><> when the next US Senate convenes, 30 lock-stepping Democrats who voted for Obamacare are gone.

<><> Ark and Ill (Clinton hometowns) have Repub governors---important in a prez race b/c guvs control party machinery.

<><> Unprecedented MINN 6th Congressional district---every single House and Senate district went Repub

<><> GOP now controls the MINN State House.

<><> Ohio's historic GOP statehouse takeover (Gun Control is toast)

<><> Ohio's Gov, Lt. Gov, AG, Secy of State, State Auditor, State Treasurer--all R---Sup/Ct - 6 R/1 D

<><> Britt Hume: "latino vote is zilch"---"over-50" is significant 30% voting segment.

<><> Republicans unified control: gov/legislature in 23 states (Ntl Conference of State Legislatures factoid).

<><> Repub governorships: Florida, Tx, Ill, Ohio, Mich, MD, Wisconsin, NC, GA, Mass.

<><> GOP holds every congressional seat in Arkansas; first time in 141 years...

<><> Environmentalists fogged out---suffered huge losses.

<><> Gun Control Candidates blitzed.

<><> "War on Women" became a ntl joke.

<><> Clinton's labeled politically useless---most candidates they flacked lost.

<><> Montana, So/Dakota and West/VA Dems were forced to retire; no hope of getting re-elected,

<><> Arizona House recount race went Republican.

<><> AZ Republican McSally wins last open House seat (Dem Gaby Giffords seat),

<><> Repub McSally's win gives GOP 5-4 advantage in AZ congressional delegation,

<><> Repubs hold 247 House seats (Dems 188), the largest GOP advantage since the Truman admin after WWII.

<><> 73 percent of LA's white voters say told they "strongly disapproved" of the president.

<><> Republicans hold the largest House majority in 83 years.

<><> Republicans holds 68 of 98 state legislative chambers.

<><> 2015 Republican grip on state government has not been seen since the 1920s.

<><> Republicans hold or share control in nearly every state (7 states' legislature and Governor are Dem-held).

<><> 12 states, including Missouri, Arizona, Arkansas, NC will push income tax cuts and fiscal reform.

<><> Illinois’ new Repub Governor’s top priority is reforming its nearly-bankrupt public pension system.

<><> Vermont Democrats allied w/ VT conservative Repubs to ward off voter backlash

<><> controversial and seemingly incompetent VT Democrat governor did not get the requisite votes to stay in office.

<><> VT poised to install Vermont's first Republican governor in over four years

<><> Republicans now control two-thirds of the state legislatures.

[Marcella]

“When I saw the title it confirmed what I thought when his people said they would not seek an emergency order—they’re lying.”

Yes, Obama/Holder said they would not ask for an emergency order, they would wait until the next court ruled as they thought they would win then.

Now they have changed their mind - go for the emergency order. I hope and pray they don’t get it.

[what's up]

Whatever gains you are talking about, I see little evidence of any real change

You are missing the weaknesses. Many are very disillusioned with the ACA. This means it will be easier to break up if Obama continues to weaken. And he will. All the things in your list are the same. Unpopular and they need only a new President and keeping the Congress with GOP majorities. Things would switch very rapidly.

He is transforming this country

Well, so did Carter. But it got transformed back.

[what's up]

is being destroyed financially by Obamacare and illegal immigrants. Let me know when the DEAFENING SILENCE from the GOP

Well, I don't know what media stream you're tuned into but I heard PLENTY from the GOP on Obamacare. And the EO on immigration was panned by every GOP rep I heard (with the exception of the weird Rand Paul) and even Jeb Bush blasted it a few days ago who most on FR consider a wimp on the issue.

[jazusamo]

I hope and pray they won’t get it ether and it doesn’t look too promising for them to get it.

[LucyT]

The 0h-bama administration will seek an emergency court order to move forward with p_resident oh-bama’s executive action on immigration.

COMING TO AMERICA-- murderers, rapists, pedophiles, thieves and drug dealers, paid agents of foreign govt's advocating the overthrow of the US govt. Coming to infest your communities, schools and workplaces w/ drugs, crimes and disease.

They're Coming to America but not on the LI Limited. No running water and flush toilets on those trains. How did the "new students and employees" handle body wastes on the trip over the border?

Ping to article and comments. : (

Thanks, Liz.

[MeshugeMikey]

every few cooled up “crisises” he REALLY ticks me off....

[hoosiermama]

So let’s get movin and get ER done!

[what's up]

More ominous for Dems---Repub governors mean Repub Secys of State who control the election machinery.

For states like IL and MA that is fantastic news!

[ducttape45]

If I heard the CNN interview correctly, they have to go back to the same judge who upheld the injunction in the first place, basically asking him to reverse his earlier ruling. If that is the case, and he sticks to his guns, this appeal by the Traitor in Chief will go nowhere.

But of course, we all know how corrupt our federal court system is now. I'm not holding my breath.......

[GOPJ]

Thanks Liz...

[Nifster]

And this is where some fervent prayers would help

[stephenjohnbanker]

When you stop “hearing” things, and see some results, (heck ANY results) ping me. The Establishment GOP who control the power in the Republican party want Obamacare & amnesty. These two things alone were done in order to finish off the USA. I don’t care what these politicians say. The only thing that matters is RESULTS!

My tagline is solid.

[Vaduz]

Executive action = More Nero Law

[kabar]

You are missing the weaknesses. Many are very disillusioned with the ACA. This means it will be easier to break up if Obama continues to weaken. And he will

You are missing the political reality. The GOP does not have a veto proof majority in Congress. And many RINOs will refuse to take the necessary actions whether it is amnesty or the ACA. Each day that goes by, the more deeply these programs are embedded in the law and practice. The debate will shift to fixing the ACA to make it work better and the GOP will come up with its own amnesty plan. The Dems will never allow the ACA to be replaced or undone. They will not abandon something that they have been trying to get for more than 50 years. And the ACA will eventually be converted to a single payer system similar to Medicare and Medicaid. It is the last remaining piece.

All the things in your list are the same. Unpopular and they need only a new President and keeping the Congress with GOP majorities. Things would switch very rapidly.

You seem to ignore our political system and how it works. You need a super majority in the Senate to pass anything except for certain exceptions. The GOP will need its own nuclear option to do anything. In the case of amnesty, you had 14 GOP senators side with the Dems and pass the Gang of 8 bill. We had a GOP majority in Congress during most of Bush 43's two terms. What did we get under Bush 43? An expansion of Medicare under the Prescription Drug Program, a doubling of the national debt from $5 trillion to $10 trillion; a push by the WH for amnesty; and no reform of the welfare programs, which are driving most of the national debt.

Well, so did Carter. But it got transformed back.

Did Carter pass anything like the ACA? Did he issue executive orders that provided amnesty to millions? Do you really think that Congress will take away the legalization of the 700,000 Dreamers that Obama ordered in 2012? Or the millions more who will receive SSNs and work permits under Obama's recent EO that was temporarily halted by a court order? How will Congress reverse the $8 trillion added to the national debt under the first 6 years of Obama? Or how will Congress reverse gay marriage or gays in the military? Dream on. The GOP leadership is part of the problem, not the solution.

[magna carta]

BINGO

[what's up]

Did Carter pass anything like the ACA? Did he issue executive orders that provided amnesty to millions?

The ACA is not the only damaging thing that has been done to our country. Under Carter Iran was toying with the US by kidnapping a large number of Americans (Carter did tremendous damage by not backing the Shah and allowing the mullahs to take power) and gas prices were skyrocketing. Russia invaded Afganistan. South American countries near our border were going communist. Mortgage interest was 18% or higher. Hopelessness was palpable. Russian had more missiles than we did. Enemies were at our gates and there was no leadership.

Than a change in leadership and almost overnight Americans gained confidence. It remains a truism that a leader can either lead toward destruction or hope. People had real hope for most of the Bush years. Revisionist history says we were miserable for most of Bush's presidency. Lies. He had 55 months od straight growth despite 9/11 and 2 tough wars. We haven't had even ONE day of hope under Obama.

You don't necessarily need a nuclear option under a GOP Pres to get legislation signed. Remember, there are a few Dems who agree with some current GOP legislation. We got sixty three votes on Keystone and if the country votes in a GOP President there would be more dems under pressure to vote for right leaning legislation especially if Obama continues to screw things up now which he will.

The Dems will never allow the ACA to be replaced or undone

Already there are 30 Dems who voted for the ACA who got voted out. If this continues it doesn't matter what the Dems "will" or "will not" allow. If we get piece by piece legislation that will reform health care and a GOP President then who cares what the radical Dems think?

Problem is...you're not looking to the future or what can happen. There could very well be another sweep in '16 as more and more people get disillusioned by the ACA, ISIS, Obama socialist policy, etc. It happened last year even though there were plenty on the right who never said it would. It could very very well happen again.

[what's up]

When you stop “hearing” things, and see some results, (heck ANY results)

Like I said. we had great results in the last election. I didn't just hear about it. It happened.

Another thing that is a FACT is that 20 year Speaker of the House in NY and right hand man to Cuomo has been indicted. A very good development! Meanwhile State legislatures (of which we hold 70 or so out of 98) are passing anti abortion laws while Planned Parenthood centers are closing down.

Obama is now seeking a war resolution in Iraq and Syria. A few years ago we would have thought that impossible. Obama is under MUCH pressure to change his war positions. Yes, at the same time he's saying the usual stupid stuff; but the fact is he's seeking boots on the ground.

You may not be in on any of these developments because the national media is not reporting on it. They are still fixated on their hero Obama. You need to listen to them less.