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HomeOff Topics News & Politics › Constitution : Rule of LAW Hold's : NOT A DICTATOR : Obama Broke Law
05-27-2015 02:04 AM  3 years agoPost 1
GREYEAGLE

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Appeals
Appeals court refuses to lift hold on Obama immigration action
Published May 26,

Federal court won't lift hold on Obama's immigration action

A federal appeals court refused Tuesday to allow the implementation, for now, of President Obama's executive action that could shield from deportation as many as 5 million illegal immigrants.

The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse U.S. District Judge Andrew Hanen's earlier decision temporarily halting the administration's plan. Hanen issued the temporary hold in February, after 26 states filed a lawsuit alleging Obama's action was unconstitutional.

Two out of the three judges on a court panel, though, voted Tuesday to deny the government's request, as the underlying case is argued.

White House Spokesperson Brandi Hoffine said after the ruling, "today, two judges of the Fifth Circuit chose to misinterpret the facts and the law in denying the government's request for a stay."

The majority opinion reasoned that lifting the temporary hold -- known in judicial parlance as issuing a "stay" -- could cause serious problems for states should they ultimately win their challenge. It said the states have shown that "issuance of the stay will substantially injure" them.

It continued: "A stay would enable DAPA beneficiaries to apply for driver's licenses and other benefits, and it would be difficult for the states to retract those benefits or recoup their costs even if they won on the merits. That is particularly true in light of the district court's findings regarding the large number of potential beneficiaries, including at least 500,000 in Texas alone."

Texas Attorney General Ken Paxton praised Tuesday's decision.

"The separation of powers and check and balances remain the law of the land, and this decision is a victory for those committed to preserving the rule of law in America," he said in a written statement.

The White House has said the program is intended to primarily help immigrants brought to the U.S. as children and those with children who are U.S. citizens.

It wasn't immediately clear if the government would appeal, either to the full appeals court in New Orleans or to the U.S. Supreme Court.

The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education.

The White House has repeated its position that the president has exclusive authority to enforce immigration laws and can adjust policies to fix a "broken immigration system." Fourteen states have sided with Obama in the case, and say the benefits of immigration outweigh the costs.

Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department's ability to protect the U.S. and secure the nation's borders.

They also said immigration policy is a domain of the federal government, not the states.

But, in Tuesday's ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.
[B]
"The president's attempt to do this by himself, without a law passed by Congress and without any input from the states, is a remarkable violation of the U.S. Constitution and laws," Paxton said.

Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.

The first of Obama's orders -- to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children -- was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.

Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been "misleading," but he declined to sanction the government's attorneys.

The Justice Department has also asked the 5th Circuit to reverse Hanen's overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.

Along with Texas, the states seeking to block Obama's action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.

Fox News' Shannon Bream and The Associated Press contributed to this report.

greyeagle

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05-27-2015 03:27 AM  3 years agoPost 2
sjgusmc21

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About d@mn time we win one against this idiot.

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05-27-2015 03:34 AM  3 years agoPost 3
GREYEAGLE

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Bear Down and Focus : These are real question's - Theirs a hidden Joker Too !!!
Also Note : The Election is a LONG way's away -

Add THIS recent Spice : To the Soup of 6 year's been on the stove.

{ What State- Has the Joker's ? }

: Why has NOT Obama been campaigning for Hillary

: Why has NOT John Kerry been campaigning for Hillary

: Why Nancy Pelosie and Harry Reed completely Disappeared - Non Public

: Why Can Not : Joe Biden - Fill IN as a President if OBAMA resign's

WHAT happens if they DO- NOT have a Democratic Candidate ??????

Why they do NOT have a Candidate --

greyeagle

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05-27-2015 03:39 AM  3 years agoPost 4
EEngineer

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TX

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About d@mn time
The judges were all political appointees.

2 rep., 1 dem.

Guess the score...best 2 of 3....

There's nothing in the US Constitution about demo. const. vs rep. const....it's the Const.

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05-27-2015 03:07 PM  3 years agoPost 5
GREYEAGLE

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Think of ALL the Stuff : The Current Admisistration has Purchased & the Minon's involved
The Constitution for ->-> the Last 6 Year's, ---- has which been used, As a Credit Card for Income.

Pretty much the mandate game with out VOTE of the Citizen

We are witnessing History : The Apple cart has been Flipped

Take time and go back and look at the receipt's. Look at EACH Apple Each is Bruised or has a Flaw

The Joker Card's are still Not Exposed but the lead is in the Bernie Sander's Thread {" Coronal Sander's Nephew " }

Pure Exposure : They SHUT HIM OR THEM DOWN

What's the Next move ??? Their Floundering

greyeagle

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05-27-2015 10:17 PM  3 years agoPost 6
ChrisC1

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USA

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About d@mn time we win one against this idiot.
Yep, even a blind squirrel finds a nut 1 out of 100 tries.

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05-28-2015 03:46 AM  3 years agoPost 7
GREYEAGLE

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Not about Nut's or Squirrels:

Look at the Apples that are falling out of the Cart.

The Bucket of treachery against a Nation and it's Citisen's

For One's Self or for Monetary / Material gain or WORSE !

They are Caught ! It's Non Honest it's Non Trustworthy it is NOT TRUTH :

It very SERIOUS : It is NOT Political at all
Yep, even a blind squirrel finds a nut 1 out of 100 tries.
It Jeopardizes the National Security of a Sovereign Nation

The Election is a long way's off - With No Candidate

OBAMA is SUPPOSED to KNOW CONSTITUTIONAL LAW from HARVARD -

What has HE USED IT FOR : They are CAUGHT

greyeagle

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