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Federal Court Refuses To Lift Hold On Obama's Immigration Executive Action

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NEW ORLEANS (AP) — A federal appeals court refused Tuesday to lift a temporary hold on President Barack Obama's executive action that could shield as many as 5 million immigrants illegally living in the U.S. from deportation.

The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse a Texas judge who agreed to temporarily block the president's plan in February, after 26 states filed a lawsuit alleging Obama's action was unconstitutional. But two out of three judges on a court panel voted to deny the government's request.

It wasn't immediately clear if the government would appeal, either to the full appeals court in New Orleans or to the U.S. Supreme Court.

The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education. But the White House has said the president acted within his powers to fix a "broken immigration system."

U.S. District Judge Andrew Hanen sided with the states and, from his court in Brownsville, Texas, issued a temporary injunction on Feb. 16 to block the plan from taking effect while the lawsuit works its way through the courts.

Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department's ability to protect the U.S. and secure the nation's borders. They also said immigration policy is a domain of the federal government, not the states.

But, in Tuesday's ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith, that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.

Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.

The first of Obama's orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.

Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been "misleading," but he declined to sanction the government's attorneys.

The Justice Department has also asked the 5th Circuit to reverse Hanen's overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.

Along with Texas, the states seeking to block Obama's action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from General Immigration-Related Discussion to Current Events and Hot Social Topics forum.


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Ohh dear...


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Good luck finding a President who will take a strong stand on illegal immigration. Noone seems to want to do it.

Even the Holy Father Ronald Reagan offered amnesty.

And this is maybe one reason Texas lead the revolt on this. Reagan gave Amnesty to illegals back in 80's and this has only seemed to bolster and tell illegals that it is ok to come to the USA illegally. USA didn't have the illegal aliens issue back then like we do today.

I do remember years after Reagans passed that bill, I would see ICE vans pulling over mostly landscape vehicles and arresting almost all people, this was in the late 80's.

I am sure if Obama amnesty bill passed ,it would only say to others in the world, Screw legal immigration it ok to come to the USA illegally.

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No matter what happens over the next two years, the issue of illegal immigration isn't going away. It's going to be around - and it will be front and center - until it gets addressed.

I don't see it ever going away in my lifetime.

If they started jail/prison and forfeited of assets that would make the illegals leave.

But right now they have some watered down policy on illegals in USA. If you come by plane then you will be turned away , You come by land then you are ok.

I would like to see a bounty put on the heads on illegals in the USA.......

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I don't see it ever going away in my lifetime.

If they started jail/prison and forfeited of assets that would make the illegals leave.

But right now they have some watered down policy on illegals in USA. If you come by plane then you will be turned away , You come by land then you are ok.

I would like to see a bounty put on the heads on illegals in the USA.......

And this is where you lose the plot. This sort of thing has been done before and it's a bad idea.

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I don't see it ever going away in my lifetime.

If they started jail/prison and forfeited of assets that would make the illegals leave.

But right now they have some watered down policy on illegals in USA. If you come by plane then you will be turned away , You come by land then you are ok.

I would like to see a bounty put on the heads on illegals in the USA.......

To have them rounded up and deported, yes? This might not be that bad of an idea. If an flat fee was offered. Might be cheaper than paying ICE.

And this is where you lose the plot. This sort of thing has been done before and it's a bad idea.

What happened?

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Put it this way - not everyone who was arrested, harassed and deported was an illegal immigrant.

Any time you encourage people to take the law into their own hands it ends badly. It's just going to encourage racial profiling for profit.

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And this is where you lose the plot. This sort of thing has been done before and it's a bad idea.

This has not been done in my lifetime.

Are you talking about Operation Wetback?

http://en.wikipedia.org/wiki/Operation_Wetback

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