Obama’s executive orders on immigration hit legal roadblock

NEW YORK CITY – President Barack Obama’s executive orders on immigration hit another legal roadblock Tuesday, after a New Orleans federal appeals court panel denied the Obama administration’s request to allow it to take effect immediately.

The ruling is a victory for Texas and the 25 other states suing Obama’s over his executive orders that would have shielded about 5 million undocumented immigrants in the US from being deported.

The program would have allowed teens and young adults born outside of the US but raised in the country, as well as undocumented parents of children who are US citizens or greencard holders, to apply to live and work legally in the US.

Immigration lawyer Michael Gurfinkel has been following this case.

He explains, the ruling means DAPA and the expanded DACA are on hold, indefinitely.

So if somebody is offering to you they can already take and process your case, they are not being truthful to you, everything unfortunately is on hold right now while this is decided in the courts.,” he said.

Of the three-man panel which heard the case, two Republican-appointed judges sided with the 26 states, while the Democratic-appointed judge sided with the White House.

Gurfinkel says, the three judges decided that the federal government had not really demonstrated that they are likely to succeed on the merits of the case, and that Texas, in particular, would suffer injury if the executive action were to be implemented.

Now what is that injury?” Gurfinkel asked. “It costs Texas about $130.89 to issue a driver’s licenses and by granting the half million or so people in Texas who may be eligible for DAPA, it would cost the state like $65 million.  That was the injury. It was all about driver’s licenses.”

But Gurfinkel says, this is not yet the end of DAPA. 

The Obama administration can still appeal before the full panel of the 5th Circuit or take it to the US Supreme Court.

No Decision has yet been made on the merits these claims,” said Gurfinkel. “So we hope that it could be overturned in a matter of weeks. Or it could take years to resolve, unless there’s comprehensive immigration reform which could solve a lot of the problems as well if Congrees is willing to act.”

For now, qualified immigrants would have to wait, again.

A full hearing by the 5th Circuit on the preliminary injunction is scheduled the week of July 6.

You may contact Don Tagala at don_tagala@abs-cbn.com for more information.

9 Comments on this post.

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  • Delia
    27 May 2015 at 4:35 pm - Reply

    The real issue is much much larger than illegal immigration. What the SCOTUS needs to decide are the limitations on executive authority. Read the Constitution. I cannot find one word that gives executive authority to any president (except veto power) without congressional approval no matter how often or how long those executive actions have been taken in the past.

    Does any president have the executive authority to create new laws, change existing laws, or ignore law without Congress’ approval? If the answer is “yes” as Obama has decided, then there is no longer any need for a legislature and we have evolved to a dictatorship.

    If the answer is “no” as I believe it is under our Constitution, then most if not all of Obama’s “executive actions” are meaningless and illegal.

    That is the question that the SCOTUS must decide at some point, and it needs decided right now. A broad ruling defining the Separation of Powers is needed, not some narrow ruling on just amnesty that continues the abuse of power.

  • noz
    27 May 2015 at 5:08 pm - Reply

    this is the legacy of obobo fighting hard for illegal aliens’ amnesty. millions of taxpayers dollars are being spent by obobo’s regime to defend the illegal aliens’ amnesty case in court. this is pure insanity of obobo, why the bankrupt USA, surviving financially, by borrowing trillions from china is spending millions to defend these menace lawless illegal aliens. citizens got to stand up against obobo’s abused of power, demand their reps / senators to stop the attempt of america’s obobo assisted suicide. these lawless illegal aliens are acting wilds with their propagandas near where you all live, must be neutralized for the citizens’ survivals. deportation is the answer to get rid of these nuisance illegal aliens. the brainwashed public have been swayed its too impossible / costly to deport illegal aliens, which is nothing but lies. people should think if america landed in the moon / walk in the moon 46 years ago, then deporting 12 – 30 million illegal aliens is just a piece of cake, and dollars well spent, to maintain law and order in the USA.

  • Mario
    27 May 2015 at 5:45 pm - Reply

    King Obama’s executive order blocked by a Federal Court, it means that the justice systems on check and balance is working..The Fed appeal court ruled against Obama and said… “No,no,no,you can not make an immigration law, you are not a King”. This is the 2nd set back on Obama’s amnesty, this means that all benefits, like driver licenses, free college tuitions on illegals, free housing and many more will be stopped and all illegal alien are ready for deportation.

  • Catholic_Againt_ExtremeRightWingNuts
    31 May 2015 at 7:09 am - Reply

    “I want to thank God that we have a good, loving, Christian President that has done his best to lead this nation. In these times where it’s easy to hate and place blame. I understand leading a nation of over 300 million people is not easy and there will be people obsessed with destroying you every day. But you President Obama have stayed above the hate [just read the examples from blithering idiots like nozi and delia the devil] and led with a steady confidence that has greatly helped the nation.”

    • noz
      31 May 2015 at 8:57 pm - Reply

      WTF are you saying obobo is Christian. get your double shitty shits out of here, with the muslim middle name HUSSEIN. you need to be kicked not only in your butt / head, you need to be thrown out of the USA, you queer, weirdo illegal alien, into believing obobo is the savior of illegal aliens, no way freaking illegal alien, americans are all coming out to get rid of illegal alien pests, if their demands to obobo of deporting illegal aliens are not done, the courts will. illegal aliens like you think you own america?, see where criminals like you will end up, out of the USA.

    • noz
      6 June 2015 at 6:21 am - Reply

      YOU NEED TO STFU WITH YOUR REPETITIOUS DOGGIE OF YOUR MESS’ASS OBOBO. SAY WHAT OBOBO IS CHRISTIAN?, YOU GOT TO BE A DOWN RIGHT INSANE ILLEGAL ALIEN, HOPING TO BE INSTITUTIONALIZED TO AVOID DEPORTATION. NO WAY, THIS IS WHAT YOU WILL GET FROM ICE IS TO KICK YOUR BUTT BACK TO WHERE YOU CAME FROM, AND FROM YOUR WAYS, YOU ARE NOTHING BUT A BULLSHIT ARTIST SCAMMING THE AMERICAN GOVERNMENT UNDER INFERIOR OBOBO, WHOSE TIME IS COUNTED FOR HIM TO HIT THE ROAD.

      • porcupine
        9 June 2015 at 11:12 am - Reply

        Mabuhay si Barack Obama! Mamatay si Noz at si Delia!

      • Catholic_Againt_ExtremeRightWingNuts
        9 June 2015 at 6:33 pm - Reply

        “I want to thank God that we have a good, loving, Christian President that has done his best to lead this nation. In these times where it’s easy to hate and place blame. I understand leading a nation of over 300 million people is not easy and there will be people obsessed with destroying you every day. But you President Obama have stayed above the hate [just read the examples from blithering idiots like nozi and delia the devil] and led with a steady confidence that has greatly helped the nation.”

  • jose
    9 June 2015 at 11:15 am - Reply

    God Bless the undocumented immigrants! God Bless DACA and America!

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