http://www.washingtonexaminer.com/obama-to-take-immigration-case-to-the-supreme-court/article/2575991Obama takes immigration case to Supreme Court
By Nicole Duran (@Duranni1) • 11/10/15 9:10 AM
The Obama administration said Tuesday it would seek a Supreme Court review of an appeals court decision to keep in place an injunction against President Obama's executive action on immigration.
"The Department of Justice remains committed to taking steps that will resolve the immigration litigation as quickly as possible in order to allow DHS to bring greater accountability to our immigration system by prioritizing the removal of the worst offenders, not people who have long ties to the United States and who are raising American children," the Justice Department said. "The department disagrees with the Fifth Circuit's adverse ruling and intends to seek further review from the Supreme Court of the United States."
U.S. Court of Appeals for the Fifth Circuit on Monday upheld an injunction by a federal judge in Texas, who this year blocked President Obama's executive action aimed at halting deportations of about 5 million illegal immigrants and their parents.
In February, Judge Andrew Hanan of the Southern District of Texas said key parts of Obama's immigration plan must be halted while the courts decide the outcome of a lawsuit filed by 26 states is determined.
The Obama administration sought to overturn that injunction and allow Obama's immigration move to be implemented while the fight continues in court. But the three-judge appeals panel ruled 2-1 against the administration.
The key elements at issue are Obama's decision to expand the Deferred Action for Childhood Arrivals program, or DACA, and to create a new Deferred Action for Parents of Americans, or DAPA. But those programs will remain on hold in light of the appeals court's ruling.
The decision raises the prospect of a final showdown in the U.S. Supreme Court.
The ruling came out just a day after Homeland Security Secretary Jeh Johnson declared that the Obama administration "will fight on" and "defend" President Obama's programs deferring the deportation of some illegal immigrants, and allowing them to work in the United States.
Democrats criticized the decision, especially given the unwillingness of congressional Republicans to move an immigration bill.
"Republicans, who have a majority in the House and Senate, refuse to even consider legislation to fix our broken immigration system," said Sen. Dick Durbin, D-Ill. "Instead, they file lawsuits to stop the president from using his authority to make these limited reforms."
But Republicans said Congress doesn't want to move a bill, and that the courts are right to stop Obama from trying to legislate around Congress.
"The 5th Circuit Court of Appeals has dealt an important victory for law abiding immigrants and taught President Obama a much-needed civics lesson," Black said. "This president is many things, but a king isn't one of them. We are a nation of laws and, as this rebuke from the court affirms, he cannot rewrite those laws on a whim to fit his liberal agenda."
Outside groups who supported Obama's executive action cried foul, and said the courts were interfering with Obama's right to ease the rules for illegal immigrants.
"We are disappointed in today's flawed decision ... which leaves millions of American families in limbo and in continuing danger of being torn apart," said the Center for American Progress's Tom Jawetz. "The court's decision to intervene in this politically motivated case ignores strong legal and historical precedent for the actions taken by the administration last November, including a direct command by Congress that the secretary of Homeland Security set national immigration enforcement policies and priorities."
Greisa Martinez of United We Dream, a group that advocates for Dreamers, or younger illegal immigrants brought to the U.S. by their parents, blamed the GOP for the decision.
"While the ruling is not surprising, it's disgraceful that Republican politicians continue playing games with the lives of millions of people," Martinez stated. "This ruling means that millions of immigrants, including my mother, will continue to live in fear, unable to work legally, and be at risk of being deported until this matter is resolved."
But others said the court's decision will help protect jobs for U.S. citizens.
"Millions of Americans have more job security" because the court "rejected the Obama administration's argument that its executive amnesty was just about prosecutorial discretion," stated Numbers USA Roy Beck after the ruling, referring to the administration's legal argument. "Instead, the court agreed with what Numbers USA has argued — that the key problem with Obama's executive action is that it gives benefits such as work permits to illegal immigrants."
