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.

[Kenny]

I have to say I love your positive outlook. Keep it up, we need some sunshine.

[Hardens Hollow]

“To get an emergency stay, the administration is going to have to prove to the 5th Circuit that someone will be irreparably harmed by NOT granting the executive action right now - that the delay itself will cause a harm to someone that cannot later be undone by allowing the program to proceed at a later date if the program is found to be legal. That is a very high bar to meet, especially at the 5th Circuit.”

Seems to me the only ones ‘harmed’ would be illegals, who shouldn’t matter since they aren’t citizens. If granted, citizens would be harmed by having their jobs stolen.

[what's up]

Thank you. Basically I'm just posting the facts which seem not to be regularly reported. But I'm convinced that behind the scenes more and more people are turning against Obama and his Alinsky tactics. By the way, it did my heart a LOT of good to hear Guiliani mention Alinsky in a negative way. Loved the points he made. VERY encouraging to me.

These inner city radicals are militant, corrupt and very tough. But goodness still lives and I believe we are slowly making our way toward real victory. Have a good night.

[Hardens Hollow]

“Thank you. Basically I’m just posting the facts which seem not to be regularly reported. But I’m convinced that behind the scenes more and more people are turning against Obama and his Alinsky tactics. By the way, it did my heart a LOT of good to hear Guiliani mention Alinsky in a negative way. Loved the points he made. VERY encouraging to me.”

I hope you’re right, with every thing you’ve posted. I tend to be mire pessimistic, but like to read your upbeat thought. Very Reaganesque.

[jetson]

The government has printed all of these new food stamp cards that need to get distributed.

[kabar]

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)

I am very familiar with what Carter did in Iran. I was in our embassy on February 14, 1979 when it was overrun the first time. We were held hostage for just a few hours until the GOI convinced the MEK to release us, but they still occupied the compound for months afterwards.

The mullahs hijacked the Iranian Revolution.

Carter was a terrible President, but he did nothing comparable to the ACA and Obama's executive amnesties. These programs are not going to be reversed. The political will is not there to do so.

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?

You are talking about fixing Obamacare, not repealing it. No doubt the GOPe favors that approach despite paying lip service for repeal. The only hope, albeit a slim one, is that SCOTUS will rule in our favor re Obamacare subsidies for states that opted for federal-run exchanges. A siginificant number of GOP Governors have opted for Medicaid expansion under Obamacare. Each day that passes makes the likelihood of repeal of the ACA more and more remote,

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.

I have been around for 71 years. We no longer have the same country demographically when Reagan appeared on the scene. In 1970 89% of the country was non-Hispanic whites compared to 63% today. In 1970 one in 21 was foreign-born; today it is one in 8, the highest it has been in over 90 years. The Dems are rapidly becoming the permanent majority party. When you look at an electoral map, it is hard to see what states that went for Obama in 2012 will go for a Rep in 2016.

[Sun]

Even Dems should now realize we need to impeach, and REMOVE, Obama. Everything he touches horribly hurts the U.S.A., and the world.

[Liz]

That would take too long-—he’d get the chance to do his “victim of evil Republicans” act.

Removal is a good idea-—a lesisurely stroll out of the WH escorted by the Joint Cheifs of Staff.

[Sun]

“..a lesisurely stroll out of the WH escorted by the Joint Cheifs of Staff.”

I sure wish that would happen. Too many Americans, and people across the globe, are suffering because of this man.

[blaveda]

Luis Gutierrez, says the Hispanics are livid and they’re going to really take it out on you at the next election ,LOL
Luis is an agent of La Raza!

[stephenjohnbanker]

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. “

I haven’t listened to the national media since high school. 1970.

The Republicans are doing nothing about Obamacare and amnesty. Some states are, and a couple of judges are.