Appeals court upholds dismissal of Barack Obama immigration action lawsuit

[flowers]

http://www.politico.com/story/2015/04/obama-immigration-action-lawsuit-dismissal-upheld-appeals-court-116738.html

A federal appeals court’s ruling Tuesday upholding the dismissal of a lawsuit over President Barack Obama’s first major executive action to aid illegal immigrants could help the Obama Administration fight a more significant suit that has resulted in Obama’s second wave of immigration orders being halted nationwide.

A three-judge panel of the 5th Circuit U.S. Court of Appeals unanimously ruled that several immigration agents and the state of Mississippi lacked legal standing to sue over Obama’s 2012 Deferred Action for Childhood Arrivals program because evidence that the agents or the state would be harmed by the effort was too speculative.

“Neither Mississippi nor the Agents have alleged a sufficiently concrete and particularized injury that would give Plaintiffs standing to challenge DACA,” Judge W. Eugene Davis wrote in an opinion joined by Judges Carolyn King and Priscilla Owen.

[truth_seeker]

Reality sets in. I want to hear from Constitutional wizard, Sen. Cruz on what it would take, to win this case.

Sen. Cruz, please proceed with your arguments.

[mystery-ak]

http://www.newsmax.com/PrintTemplate.aspx/?nodeid=637083


Newsmax
Texas Judge Refuses to Lift Block on Obama Immigration Plan
Wednesday, April 8, 2015 06:25 AM

By: REUTERS

A federal judge in Texas has refused to lift a temporary block on a White House immigration plan that would have shielded millions of illegal immigrants from deportation, court documents show.

U.S. District Judge Andrew Hanen in Brownsville, a city along the border with Mexico, rejected a U.S. Justice Department request to remove a ban on the plan he issued in February.

Twenty-six U.S. states filed a lawsuit alleging Obama had exceeded his powers with executive orders that would let up to 4.7 million illegal immigrants stay in the country without threat of deportation. Obama's orders bypassed Congress, which has not been able to agree on immigration reform.

Texas Attorney General Ken Paxton said in a statement on Tuesday that the Obama Administration misled the court regarding early implementation of expanded work permits to illegal immigrants.

At issue was a U.S. government filing that said some 100,000 people had been given three-year periods of deferred action before the judge's injunction.

"Any premature implementation could have serious consequences, inflicting irreparable harm on our state, and this ruling is key in determining the extent to which the federal government did not present the full truth in this case," Paxton said.

The Justice Department, which could not be immediately reached for comment, requested an emergency stay of Hanen's decision on Feb. 23. It has also filed a notice of appeal to the 5th U.S. Circuit Court of Appeals in New Orleans, court documents show.

That court on Tuesday rejected a challenge to Obama's 2012 executive action granting deportation relief to immigrants brought to the U.S. illegally as children, upholding a lower court's earlier ruling.

The White House did not issue an immediate comment.

 

[flowers]

http://www.newsmax.com/PrintTemplate.aspx/?nodeid=637083


Newsmax
Texas Judge Refuses to Lift Block on Obama Immigration Plan
Wednesday, April 8, 2015 06:25 AM

By: REUTERS

A federal judge in Texas has refused to lift a temporary block on a White House immigration plan that would have shielded millions of illegal immigrants from deportation, court documents show.

U.S. District Judge Andrew Hanen in Brownsville, a city along the border with Mexico, rejected a U.S. Justice Department request to remove a ban on the plan he issued in February.

Twenty-six U.S. states filed a lawsuit alleging Obama had exceeded his powers with executive orders that would let up to 4.7 million illegal immigrants stay in the country without threat of deportation. Obama's orders bypassed Congress, which has not been able to agree on immigration reform.

Texas Attorney General Ken Paxton said in a statement on Tuesday that the Obama Administration misled the court regarding early implementation of expanded work permits to illegal immigrants.

At issue was a U.S. government filing that said some 100,000 people had been given three-year periods of deferred action before the judge's injunction.

"Any premature implementation could have serious consequences, inflicting irreparable harm on our state, and this ruling is key in determining the extent to which the federal government did not present the full truth in this case," Paxton said.

The Justice Department, which could not be immediately reached for comment, requested an emergency stay of Hanen's decision on Feb. 23. It has also filed a notice of appeal to the 5th U.S. Circuit Court of Appeals in New Orleans, court documents show.

That court on Tuesday rejected a challenge to Obama's 2012 executive action granting deportation relief to immigrants brought to the U.S. illegally as children, upholding a lower court's earlier ruling.

The White House did not issue an immediate comment.

 

[sinkspur]

Reality sets in. I want to hear from Constitutional wizard, Sen. Cruz on what it would take, to win this case.

Sen. Cruz, please proceed with your arguments.

It seems to me a toss-up as to whether or not Obama's actions are constitutional, with a lean against. Presidents have deferred action to Congress in every case when millions of illegals are involved.

[Oceander]

It seems to me a toss-up as to whether or not Obama's actions are constitutional, with a lean against. Presidents have deferred action to Congress in every case when millions of illegals are involved.

Very much lean toward unconstitutional.  What he's trying to do isn't a matter of exercising prosecutorial discretion - which is a negative, a refusal to act - it's a matter of making up his own law and granting benefits as he sees fit without regard to what the law actually says.