Appeals court rules against Obama immigration plan

[webfact]

Appeals court rules against Obama immigration plan
KEVIN McGILL, Associated Press

NEW ORLEANS (AP) — President Barack Obama's plan to protect from deportation an estimated 5 million people living in the United States illegally suffered another setback Monday in a ruling from a New Orleans-based federal appeals court.

In a 2-1 ruling, the 5th U.S. Circuit Court of Appeals upheld a Texas-based federal judge's injunction blocking the administration's immigration initiative.

Republicans had criticized the plan as an illegal executive overreach when Obama announced it last November. Twenty-six states challenged the plan in court.

The administration argued that the executive branch was within its rights in deciding to defer deportation of selected groups of immigrants, including children who were brought to the U.S. illegally.

Texas Gov. Greg Abbott, a Republican, praised the ruling.

"President Obama should abandon his lawless executive amnesty program and start enforcing the law today," Abbott said in a news release.

The ruling further dims prospects of implementation of the executive action before Obama leaves office in 2017. Appeals over the injunction could take months and, depending on how the case unfolds, it could go back to the Texas federal court for more proceedings.

The administration could ask for a re-hearing by the full 5th Circuit but the National Immigration Law Center, an advocacy group, urged an immediate Supreme Court appeal.

"The most directly impacted are the 5 million U.S. citizen children whose parents would be eligible for temporary relief from deportation," Marielena Hincapie, executive director of the organization, said in a news release.

Part of the initiative included expansion of a program called Deferred Action for Childhood Arrivals, protecting young immigrants from deportation if they were brought to the U.S. illegally as children. The other major part, Deferred Action for Parents of Americans, would extend deportation protections to parents of U.S. citizens and permanent residents who have been in the country for years.

The 70-page majority opinion by Judge Jerry Smith, joined by Jennifer Walker Elrod, rejected administration arguments that the district judge abused his discretion with a nationwide order and that the states lacked standing to challenge Obama's executive orders.

They acknowledged an argument that an adverse ruling would discourage potential beneficiaries of the plan from cooperating with law enforcement authorities or paying taxes. "But those are burdens that Congress knowingly created, and it is not our place to second-guess those decisions," Smith wrote.

In a 53-page dissent, Judge Carolyn Dineen King said the administration was within the law, casting the decision to defer action on some deportations as "quintessential exercises of prosecutorial discretion," and noting that the Department of Homeland Security has limited resources.

"Although there are approximately 11.3 million removable aliens in this country today, for the last several years Congress has provided the Department of Homeland Security with only enough resources to remove approximately 400,000 of those aliens per year," King wrote.


-- (c) Associated Press 2015-11-10

[Pimay1]

Finally a ruling based upon the rule of law.

Part of the initiative included expansion of a program called Deferred Action for Childhood Arrivals, protecting young immigrants from deportation if they were brought to the U.S. illegally as children.

illegal:

Contrary to or forbidden by law

[Publicus]

As always expected the case will go to SCOTUS which has a long history of case law supporting a president in matters of immigration to include executive orders or administrative actions in their various forms. The Constitution and SCOTUS are clear immigration is a federal and not a state matter no matter how much states may complain about expenses they incur or other impacts.

The case was filed by Republican controlled states and the 5th US Circuit Court of Appeals was cherry picked along with the federal district judge in Texas because the 5th Circuit is the most conservative appeals court of the federal judiciary to include several self-admitted right wingers. Of the three judge panel of the full court in this case, Judge Elrod was appointed by GW Bush, Judge Smith appointed by Reagan, and the dissenting Judge King was appointed by Jimmy Carter.

It is highly likely btw the next POTUS will have three or four SCOTUS appointments as the aging rightwingers on the present court depart it along with some elderly liberal progressives such as Justice Ginsburg to name one.

[Chicog]

As always expected the case will go to SCOTUS

Now that's quite interesting, because I would imagine the WH lawyers would have known that.

Has this craftily been organised to happen in time for election season?

You know, sort of like the never-ending Benghazi report?

[Publicus]

Twenty-four states did not file the suit nor did they join the suit, which is by Republican party controlled states only. Gov. Chris Christie is one Republican governor however who did not put his state of New Jersey in the Republican lawsuit.

Twelve states filed with the federal courts in support of the president's immigration action: California, Washington, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, and Vermont, also the District of Columbia. The other twelve states have stayed out of it.

This is a disagreement among the states, Texas for instance says one thing against immigration, California says the opposite in favor of immigration. The case has gone through one federal district court judge in Texas and just now the US 5th Circuit Court of Appeals which sits in New Orleans. So this is a classic case for SCOTUS.

SCOTUS has always read the Constitution to say only the federal government has authority over immigration law, policy, law enforcement, rule making, regulations.

Since 1789 states have had no legal standing or jurisdiction concerning immigration. SCOTUS has always recognised the prosecutoral discretion of POTUS which is what this case is about. This case covers old and established ground both Constitutionally and in SCOTUS case/common law. What the states like, want, don't like, don't want in respect of immigration is irrelevant and immaterial.

[arjunadawn]

Its always the sad same, as the democratic party slides further and further into the radical orbit its previous reference point- the center right- apparently slides further and further to the right. Mastering word meaning and revision, the left has America convinced that all opposing values and views are now far right. In fact, most opposition to the left's slide into Leninism steadfastly remains center American values, its just the leftist frame of reference that has changed. Fortunately for the left, they have a stranglehold on telegraphing the message in the US. It is the left that has shifted dramatically, violently left, to the point where socialists actively run on their platform and radical nihlists have already won office.

The thing about this is the center gravity of American polity has been losing so much for so long that the pathetic center voice cannot even articulate responses to the leftist jaggaurnaut that crushes them, hollows its landmarks, shackles its faiths, lowers its defences, alienates opposing speech, and shuts down discourse. When the left does suffer a loss, a blow, they then proceed in the Orwellian manner as if the loss or court rebuke never happened in the first place. The center right then musters no admonishment, only further accomodation. Think about this: This court case, under the cover of the stalking horse "for the children" seeks to basically extend the citizen compact, franchise, to millions of people who broke the law, to enable a voting base, and redistribute wealth, under the deceit "we are a nation of immigrants." True, but not law breakers; we are not a nation, per se, of illegals. We know its legally wrong because there exists a mirror legal process for which numerous people follow the laws and seek citizenship/access to America since prior to Ellis Island. All the numerous mechanisms already exist. The difference is, the legal folks cannot be wielded as a weapon nor assured as a voting bloc.

To wit: this appeals court loss is no loss at all. In America it has been generations that weve taken 3 steps left, 1 step right, 2 steps left, 1 step right, stand still, 2 steps left. The political center in America, to which the left has successfully labled the fringe or the rightwing, cheers small victories like this, meanwnile, the walls have been breeched, the trellis is up, the daughters ravished, and the crops burned. Fools.

[chuckd]

Not to be picky, but to prove a majority of the states entered against the government in the law suit.

There were actually 26 states joined in the suit.

Nevada is the 26th state to be added to the above list.

http://www.latimes.com/nation/la-na-obama-deportation-ruling-20151109-story.html

[Pimay1]

Its always the sad same, as the democratic party slides further and further into the radical orbit its previous reference point- the center right- apparently slides further and further to the right. Mastering word meaning and revision, the left has America convinced that all opposing values and views are now far right. In fact, most opposition to the left's slide into Leninism steadfastly remains center American values, its just the leftist frame of reference that has changed. Fortunately for the left, they have a stranglehold on telegraphing the message in the US. It is the left that has shifted dramatically, violently left, to the point where socialists actively run on their platform and radical nihlists have already won office.

The thing about this is the center gravity of American polity has been losing so much for so long that the pathetic center voice cannot even articulate responses to the leftist jaggaurnaut that crushes them, hollows its landmarks, shackles its faiths, lowers its defences, alienates opposing speech, and shuts down discourse. When the left does suffer a loss, a blow, they then proceed in the Orwellian manner as if the loss or court rebuke never happened in the first place. The center right then musters no admonishment, only further accomodation. Think about this: This court case, under the cover of the stalking horse "for the children" seeks to basically extend the citizen compact, franchise, to millions of people who broke the law, to enable a voting base, and redistribute wealth, under the deceit "we are a nation of immigrants." True, but not law breakers; we are not a nation, per se, of illegals. We know its legally wrong because there exists a mirror legal process for which numerous people follow the laws and seek citizenship/access to America since prior to Ellis Island. All the numerous mechanisms already exist. The difference is, the legal folks cannot be wielded as a weapon nor assured as a voting bloc.

To wit: this appeals court loss is no loss at all. In America it has been generations that weve taken 3 steps left, 1 step right, 2 steps left, 1 step right, stand still, 2 steps left. The political center in America, to which the left has successfully labled the fringe or the rightwing, cheers small victories like this, meanwnile, the walls have been breeched, the trellis is up, the daughters ravished, and the crops burned. Fools.

Excellent post. I was a life long democrat until a few years ago. I didn't leave the democratic party, it left me.

[Publicus]

Its always the sad same, as the democratic party slides further and further into the radical orbit its previous reference point- the center right- apparently slides further and further to the right. Mastering word meaning and revision, the left has America convinced that all opposing values and views are now far right. In fact, most opposition to the left's slide into Leninism steadfastly remains center American values, its just the leftist frame of reference that has changed. Fortunately for the left, they have a stranglehold on telegraphing the message in the US. It is the left that has shifted dramatically, violently left, to the point where socialists actively run on their platform and radical nihlists have already won office.

The thing about this is the center gravity of American polity has been losing so much for so long that the pathetic center voice cannot even articulate responses to the leftist jaggaurnaut that crushes them, hollows its landmarks, shackles its faiths, lowers its defences, alienates opposing speech, and shuts down discourse. When the left does suffer a loss, a blow, they then proceed in the Orwellian manner as if the loss or court rebuke never happened in the first place. The center right then musters no admonishment, only further accomodation. Think about this: This court case, under the cover of the stalking horse "for the children" seeks to basically extend the citizen compact, franchise, to millions of people who broke the law, to enable a voting base, and redistribute wealth, under the deceit "we are a nation of immigrants." True, but not law breakers; we are not a nation, per se, of illegals. We know its legally wrong because there exists a mirror legal process for which numerous people follow the laws and seek citizenship/access to America since prior to Ellis Island. All the numerous mechanisms already exist. The difference is, the legal folks cannot be wielded as a weapon nor assured as a voting bloc.

To wit: this appeals court loss is no loss at all. In America it has been generations that weve taken 3 steps left, 1 step right, 2 steps left, 1 step right, stand still, 2 steps left. The political center in America, to which the left has successfully labled the fringe or the rightwing, cheers small victories like this, meanwnile, the walls have been breeched, the trellis is up, the daughters ravished, and the crops burned. Fools.

The right wing has gone almost entirely in to the Republican party to the point Barry Goldwater and Ronald Reagan would be considered Rinos. Very few rightwingnuts these days praise Reagan and his presidency.

Concerning immigration, the extremist fringe way far out right want a return to only white Europeans instead of people from Latin America as has been the case the past 40 years. People outside the USA see this.

Increasingly The World Sees Republicans As The Greatest Threat To America

Just the fact that Republican voters are comfortable with “monumentally unqualified extremists in the Oval Office” demonstrates the how twisted the party has become; that and that alone is the real existential threat to the nation.

It is simple to single out any one, or all, of the GOP presidential candidates as who is most unqualified, most extreme, or most offensive, but that misses the point that it is the base that is inherently extreme, offensive, and unqualified to be regarded as anything other than a serious threat to other Americans and the nation’s well-being.

http://www.politicususa.com/2015/11/09/increasingly-world-sees-republicans-greatest-threat-america.html

People that criticise the Main Stream Media for, well, being the Main Stream Media immediately define themselves as out on the fringe. People who criticise the vast American political center as, well, the vast American political center instantly place themselves on the margins of it.

There are always people who see only dark clouds everywhere they look and see only dark clouds over every issue they see.

The right ignores or dismisses that the vast majority of Americans across the political parties and beliefs have wanted Congress to pass immigration reform, not to build immigration walls.

[Eltihano]

You can read more on how the Supreme Court of Appeals ruled against Obama's immigration plan here: http://adf.ly/1RQ69B

[HomeinThailand]

A person enters a country by one of two ways: legal and illegal. Legally you say 'Hi, I'm here. What is process I have to follow to let you know I am here, wish to work, live and become a citizen?' Illegally you waltz on in and work under the table, ignore the rules, and cry foul when you get busted and could get sent back to your home country. There is no halfway. Go back the same way you got in.

[oneday]

Some sanity has returned to this immigration fiasco. Fantastic news.

[earthpig]

The right ignores or dismisses that the vast majority of Americans across the political parties and beliefs have wanted Congress to pass immigration reform, not to build immigration walls.

Which of course is why the Right has sizable majorities in both houses of the Congress, and if it had a Parliamentary system of democracy, the Prime Minister would be a Republican.

[earthpig]

The political brilliance of Trump is that he has made front and center of his campaign the ending of America's multiculturalist horror, similar to the one that engulfed the Roman Empire and its European successor today.

America must build the Trump Wall, repel the barbarians in our midst, and pour boiling oil on the millions of barbarians at the gates.

And for his crimes against the American people, Obama must be put on trial after/if he steps down and dealt with in a manner the French did with their Obama, Laval.

[Publicus]

 

The right ignores or dismisses that the vast majority of Americans across the political parties and beliefs have wanted Congress to pass immigration reform, not to build immigration walls.

Which of course is why the Right has sizable majorities in both houses of the Congress, and if it had a Parliamentary system of democracy, the Prime Minister would be a Republican.

 

And so which among the varied parliamentary systems would that be?

If it's the 5th Republic in France as it is presently (they'll get it right yet) the PM would very most likely be be appointed by the president from his own party, though not necessarily. If it were the German one there could be a grand coalition of the Elephants and the Donkeys, i.e., the red and the blue. If it were the Australian system the USA would need a foreign monarch on the other side of the world to be its head of state and to have a governor general instead of the POTUS being head of state which is how it is in the USA.

Rightwingers love to live in the land where pigs fly.

The Republican controlled congress maximus in the House and the Senate will do nothing toward immigration reform. They want a wall instead. The new Speaker Paul Ryan had to sell his soul to the tea party Republicans to get their anti-immigrant votes to be Speaker.

[Scott]

Off-topic posts and replies removed.