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Justice lawyers make appeal to lift stay on Obama immigration actions
http://www.washingtonpost.com/politi...29e_story.html
Two conservative judges and one Obama appointee ....This is going to be a tough road so don't give your hopes up.
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By David Nakamura April 17 at 2:27 PM NEW ORLEANS — The Obama administration on Friday urged a federal appeals court to lift a lower court ruling that has blocked the government from implementing the president’s executive actions to shield undocumented immigrants from deportation and to grant them work permits. In a rare oral argument before a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, Justice Department lawyers argued that a federal judge in Texas erred in February when he halted President Obama’s deferred-action program as he deliberates over a lawsuit filed by 26 states. “The district court decision was wrong as a matter of law,” said Benjamin Mizer, the lead attorney for the Justice Department on the case. The Obama administration has appealed Judge Andrew Hanen’s injunction and is asking the appeals panel to stay the order, in hopes that federal agencies can begin enrolling immigrants in the broader deferred-action program. Texas Solicitor General Scott Keller, whose state is leading the lawsuit, argued that the president abused his authority when he announced plans in November to dramatically expand a deferred-action program started in 2012 for immigrants brought to the United States illegally as children. “If this passes muster, future presidents will be able to write all sorts of laws,” Keller said. The hearing, which is rare for appeals court rulings on procedural matters, lasted 21/2 hours — about half-an-hour longer than expected — as the judges peppered the lawyers with questions. The courtroom was full to capacity with an audience of 100 journalists and immigrant rights activists. An estimated 200 activists rallied outside the courthouse, their chants, drumming and music audible inside the courtroom. Judge Jerry Smith adjourned the hearing at about 12:30 p.m., but he did not say when the court would issue its ruling on the stay request. The stakes are high for Obama, whose move to reshape U.S. immigration policies through his executive authority stands as one of the most important and boldest initiatives of his second term. After Congress failed to pass a comprehensive immigration overhaul last summer, Obama declared that he would act unilaterally over fierce objections of Republicans. The fate of Obama’s immigration actions could set the stage for a debate over the issue in the 2016 presidential race. Latinos and Asian Americans, both fast-growing subsets of the electorate, overwhelmingly supported Obama in 2008 and 2012, worrying some GOP leaders who hoped the issue would be put to rest by next year. No matter what the 5th Circuit decides, the legal fight is far from over. Hanen is still deliberating over the constitutionality of Obama’s executive actions, and his decision is likely to be appealed — perhaps ultimately to the Supreme Court. “It’s important to remember this is not just about a lawsuit,” said Marielena Hincapié, the executive director of the National Immigration Law Center, who was among those in New Orleans. “It’s about individual members of the community that have deep ties and their ability to achieve stability, dignity and respect. We want to lift up that human face and not let it get lost in the legal proceedings.” Administration officials acknowledged that they face a difficult task in the 5th Circuit, perhaps the nation’s most conservative appellate court. The three-judge panel has two Republican appointees and one Obama appointee. Among them is Smith, who was appointed by President Ronald Reagan. He gained attention three years ago during a case involving the Affordable Care Act when he assigned Justice Department lawyers to file a three-page memo over whether federal courts have the right to overturn congressional laws, after Obama said it was unprecedented. Obama later clarified his remarks. Obama’s executive actions aim to allow up to 5 million undocumented immigrants, who have otherwise not broken the law, to apply for three-year renewable waivers from deportation, with many of them to be eligible for work permits. To qualify, they must be parents of U.S. citizens or legal permanent residents or must have arrived in the United States as children. In their lawsuit, the states argued that the federal government abdicated its law enforcement responsibilities and failed to file proper public notice for a federal rule change. The states also argued that they would incur economic costs, mostly in the form of driver’s licenses to those who qualified for deferred action. The Obama administration countered that it has deported more than 2 million immigrants but that the federal government does not have enough resources to deport all of the more than 11 million in the country. And it said the economic benefits from the immigrants working and paying taxes would more than offset any potential costs. Legal experts said it is extremely rare for appeals courts to schedule oral arguments on stay requests. “It is important symbolically and practically to have that argument” in such a high-profile case, said Carl Tobias, a law professor at the University of Richmond. “I suspect it’ll be very hot and heavy. The lawyers will not have much time to talk. The judges will pepper them.” Although the court is being asked to rule on the administration’s stay request and not the broader constitutionality of Obama’s actions, the two are largely intertwined and the panel is likely to ask questions about at least some of the core tenets of the president’s rationale, analysts said. In the politically charged atmosphere, “the judges need to be very careful in a case like this,” said Michael McConnell, director of the Constitutional Law Center at Stanford Law School. “They want to make sure they’re deciding on the basis of law, and not policy disagreements, and they want it to be seen as they are being careful. They will be accused of being political no matter what they do, but at least they’ll by giving the administration all the time in the world to defend itself.” David Strauss, a law professor at the University of Chicago, was among a number of lawyers who signed a letter supporting Obama’s actions on immigration. But he acknowledged that the administration is facing a tough road in the 5th Circuit. “There are conservative judges who think this is an aggressive abuse of authority by a president who needs to be reined in,” Strauss said. “I can’t imagine the administration is happy seeing Jerry Smith.” |
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Late 40's Dreamer (Holy Fucking shit I'm almost 50 and still dealing with this), aged out of original DACA and didn't have a chance to apply for extended DACA after Republicans killed it on the vine.
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