Immigration Reform News 2014: Judge Rejects Arizona Sheriff's Lawsuit Over Obama Immigration Policy
A federal judge on Tuesday rejected an Arizona sheriff's lawsuit seeking to halt President Barack Obama's plan for immigration reform.
U.S. District Judge Beryl Howell said the role of the courts is not to engage in policymaking that is better left to the political branches of government.
As reported by the Associated Press, Judge Howell wrote the case brought by the controversial Maricopa County Sheriff Joe Arpaio "raises important questions regarding the impact of illegal immigration on this nation, but the questions amount to generalized grievances which are not proper for the judiciary to address."
White House spokesman Eric Schultz said the Department of Justice and scholars throughout the U.S. have said the president's executive actions on immigration are lawful.
"The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws, and the actions announced by the president are consistent with those taken by administrations of both parties for the last half century."
President Obama's executive action plan would in part offer deferred deportation for three years for parents of children who are either citizens or permanent residents and would offer parents temporary work papers. A more permanent solution would require Congressional input or an extension of the program by the next president.
The Obama Administration had urged dismissal of the lawsuit when it was filed within minutes of President Obama's announcement on immigration reform.
At the time of filing, Arpaio said, "I am not seeking to enforce myself the immigration laws as this is the province of the federal government. Rather I am seeking to have the president and the other defendants obey the U.S. Constitution."
During the court hearing on Monday, Arpaio's lawyer Larry Klayman said the president's immigration reform plan violated the U.S. Constitution, and would let more immigrants enter the country illegally, burdening law enforcement departments.
"It's not policy, he's creating law and he cannot do that under the U.S. Constitution," Klayman said of Obama, reported the Associated Press.
In her ruling, Judge Howell said even the burden on law enforcement is not enough to challenge Obama's program.
"The plaintiff must not only show that he is injured, but that the plaintiff's injury is fairly traceable to the challenged deferred action programs and that the injury is capable of redress by this court in this action," wrote Howell.
In court on Monday, the Justice Department lawyer Kathleen Hartnett said Arpaio's lawsuit seemed to be raising a "political dispute" rather than a legal claim the court could address.
Sheriff Arpaio said he will appeal the court's decision in the U.S. Court of Appeals for the District of Columbia Court.
Arpaio is in his sixth term as sheriff of Maricopa County and gained notoriety for his controversial tactics in dealing with the flow of undocumented immigrations crossing the Arizona border from Mexico -- including demanding immigration papers during routine traffic stops. And he has also been the subject of civil rights investigations by the Justice Department for alleged racial profiling of Latinos.