Jump to content
Boiler

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

 Share

63 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Wales
Timeline

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.”

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

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

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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.”

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

Hope the injunction stays until Obama leaves office and this issue can go away.

To me this is a slap in the face to everyone who did petition or visa with the USCIS by Obama......

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

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.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

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.......

Link to comment
Share on other sites

Hope the injunction stays until Obama leaves office and this issue can go away.

To me this is a slap in the face to everyone who did petition or visa with the USCIS by Obama......

For once I agree with you on something.

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

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.

Link to comment
Share on other sites

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?

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

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.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

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

Link to comment
Share on other sites

 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...