Posted on 02/20/2015 11:35:28 AM PST by jazusamo
The Obama administration will seek an emergency court order to move forward with President Obamas 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.
Once again, the lame stream media misrepresents the judge’s decision. The decision does not affect Obama’s ability to shield illegals from being deported. The judge explicitly noted he could continue to do that, just as before. The decision simply prevents Obama from requiring states to confer new benefits and privileges on illegal aliens (such as by requiring them to issue illegals drivers licenses), at least without first seeking public notice on comment on this proposed new requirement, as the Administrative Procedure Act plainly requires.
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.
I wondered about that myself. I may be wrong but I’d think they’d have to get the stay from the 5th Circuit Court of Appeals.
Anyone know for sure?
I’d think they’ll be hard-pressed to justify why this is an “emergency.”
The major British parties are now "immigration restrictionists" including the Labour Party. This consensus was reached when the BNP started its "British jobs for Britsh workers" campaign. The country class must be mobilized. The political elites are destroying this country. Imagine, we have the prospect of a Clinton versus a Bush again!! Political office has become an inheritance. John Dingell's wife took over his seat, which he inherited from his father. I blame the voters most of all. You get the government you deserve.
Thanks...Then the request for the stay goes to the 5th circuit.
Rudy had it exactly right: this “man” does not have any love for this country at all - but what would you expect from someone raised in muslim schools and by an America-hating mother?
LOL!
That’s gotta be India...not Central American “indians”....
> Dueling judges.
Don’t they call this forum shopping?
What’s your point?
Government is also dumping them into the U.S. by the boatloads...
Welcome to flophouse USA.
An emergency court order to flout the law? How the hell does that work?
We’re bearing down on breakdown and chaos.
Point is that most of the invasion loud mouths are of the Mezo-American variety, not from the Sub-Indian continent.
But I know you are correct that we’re getting them dumped over here too. This “melting pot” (I loathe that phrase) of a nation is doomed.
They all eat spicy food.
For what it’s worth....just saw some legal type on CNN say the appeal would be directed to the same judge that issued the initial ruling (fat chance) and then an appeal would be filed with the 5th circuit (also a fat chance). This legal person conceded that the chances of Obola succeeding were very slim.
Kabar, I think we only have 2 or maybe 3 years to undo this damage. Jim Rob and many others here believe we must become huge advocates to restore state power. I am of this school of thought.The D.C. politicians are almost all bought & paid for.
Or `judge-shopping’.
This is how the feds are ramming homo “marriage” through the States, by ignoring state legislatures and public mandates
and using friendly federal district court judges to (pretty much) destroy any remaining vestiges of “federalism,” except
“We Say So, So It Is So; We’re the Feds, So Shut Up and Take It”.
That’s pretty much Barry’s Imperial mantra: “I have spoken. Let it be writ. Let it be done.”
They’re dumping the entire 3rd world onto the U.S. and have been for decades.
They’ve been transforming the entire country, literally bringing in our replacements, while most Americas stand gawking without any clue at all.
Thank you, that’s most encouraging.
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