BREAKING: Federal Appeals Court Deals Crippling Blow to Obama’s Amnesty for Illegals Scheme

court-obama-amnesty

by Brian Hayes | Top Right News

A federal appeals court has dealt a devastating blow to Obama’s executive amnesty for illegal aliens, refusing Tuesday to lift a temporary hold on his lawless attempt to block all deportations for more than 5 million illegal aliens in the U.S.

As Top Right News has reported, the judicial holds on Obama’s orders could delay any further amnesty actions until Obama leaves office — a huge blow to the Democrats’ efforts to get illegal aliens to the voting booth by 2016. And time is not on their side, with the Appeals Court about to go on vacation until the Fall.

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.

The first of Obama’s orders — to expand a program that protects young illegals 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 — a clear deception against the judge’s instructions.

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.

So DACA…is dead. For now.


  • formercanuck

    Of course… you don’t see California, Illinois or New York on that list.

  • Robert Baker

    California has been over run with illegals(Hispanic type Indians) and we need to join this cause of quality over quantity!!!

  • another_engineer

    No “crippling blow” has been dealt because the republicans won’t do a thing about it. They are bought and paid for by the chamber of commerce who wants the ultra cheap labor and the republicans will give it to them

    • William Owen

      The republicans want them to remain illegal so they can continue to be cheap labor. If they become legal then they will be US citizens and they will have a lot of protected rights such as minimum wage. I know the republicans will keep them from becoming voters also. They won’t get deported though because they need that cheap labor. If minimum wage didn’t exist then we could use our own people instead…this is a problem created by democrats because of minimum wage, obamacare, and welfare. The illegals are running to the welfare areas of the world. Europe is having the same problems.

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  • kikz2

    DEPORT! send Obama and Moose w/them!

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