In Obama administration's legal fight on immigration, time is an adversary

IamAman · 02-20-2015, 09:35 PM

http://www.latimes.com/nation/la-na-...ry.html#page=1

So it's official. On Monday, we swing back.

Quote:

....
Driven in part by this sense of urgency, the White House announced Friday it would seek an emergency stay of an order issued this week in Texas by U.S. District Judge Andrew S. Hanen that froze the programs.
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For procedural reasons, Obama’s lawyers will first ask Hanen to stay his own injunction, though that is considered unlikely. That filing will come Monday, the White House said.

A stay would keep Hanen’s order from being in effect while the appeals in the case continue, allowing federal officials to resume their preparations for the immigration programs. White House spokesman Josh Earnest said the administration would also continue with an appeal to permanently overturn Hanen’s order, but the timing of that isn’t certain.

Even though his ruling wasn’t unexpected — Hanen has issued other opinions decrying a lack of immigration-law enforcement — Obama’s lawyers took days to decide whether to seek an emergency stay.

cComments
@Flying Dutchman Amnesty is a misnomer designed to mislead and misinform. If it were Amnesty, why does it have to be renewed? Why is it Conditional? Why must fees have to be paid each time? Why can it be cancelled? Why can the benefit be lost? It's simple. "Amnesty"...
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The delay reflected the tough options facing the administration. Were Hanen to refuse to lift his injunction, the White House could appeal quickly to the 5th Circuit Court of Appeals in New Orleans, which is dominated by Republican-appointed judges, and then to the Supreme Court. This option could yield a decision within weeks.

But it may be hard to convince a majority of the jurists on either court that the administration faces real and irreparable harm if the president’s immigration action is delayed. The Texas lawyers fighting the administration can argue there is no harm in deciding first whether Obama has the legal authority to change the status of several million immigrants.

The other option — slower but more likely to succeed — would be to appeal the judge’s decision that Texas has legal standing to object to Obama’s order. This conclusion was crucial to the judge’s ruling.

U.S. Judge Andrew Hanen has history of opposing Obama immigration policies
U.S. Judge Andrew Hanen has history of opposing Obama immigration policies
The administration’s lawyers could make a strong claim that the state of Texas is not hurt in any direct way because some people living there illegally obtain work permits.

But it could take many months, even two years, to finally win such a ruling, jeopardizing the effort to cement the programs’ existence during the Obama administration.

Ultimately, the need to get a decision quickly won out over fears of losing momentum with more denials.

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pink · 11:25 PM

Would be awesome if we could get a stay, even though as the article states Time is our biggest enemy , The lengthiest route is the best route (((sigh)))

Pianoswithoutfaith · 02-21-2015, 01:14 PM

What do you mean stay ?

IamAman · 02-21-2015, 01:40 PM

Quote:

Originally Posted by Pianoswithoutfaith

What do you mean stay ?

Emergency stay of the anti-immigrant judge's ruling in Texas.

zone2oo0 · 02-23-2015, 04:58 AM

oh texas LOL

IamAman · 02-23-2015, 03:35 PM

Quote:

Originally Posted by zone2oo0

oh texas LOL

I swear, the first real chance I have to get out of Texas, I'm out of here.

pink · 02-23-2015, 06:30 PM

Quote:

Originally Posted by IamAman

I swear, the first real chance I have to get out of Texas, I'm out of here.

Oh sh*t! I didn't know you lived in Texas

...I hear you, That state is one of the most hostile to undocumented people.

lovemode · 02-23-2015, 08:37 PM

I don't understand why Texas was so nice to give us in-state tuition but never concerned for giving driver licenses and some immigration benefits.. so contradictory.

IamAman · 02-23-2015, 09:20 PM

Quote:

Originally Posted by lovemode

I don't understand why Texas was so nice to give us in-state tuition but never concerned for giving driver licenses and some immigration benefits.. so contradictory.

Texas was never nice to us. They took our driver's licenses away. I think that was just a mistake on their part and it came back to bite Rick Perry in the butt later.

lovemode · 09:40 PM

Quote:

Originally Posted by IamAman

Texas was never nice to us. They took our driver's licenses away. I think that was just a mistake on their part and it came back to bite Rick Perry in the butt later.

What about the proposal granting driving permit recently? I read it somewhere but didn't know how the result was..
http://www.texastribune.org/2013/05/...ants-derailed/ There was one bill dead already. Another one is being introduced..
http://amarillo.com/news/local-news/...its-immigrants

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In Obama administration's legal fight on immigration, time is an adversary