Immigration Reform Lawsuit: Obama, Justice Department Will Not Issue Appeal to Supreme Court
Following a setback by the U.S. Fifth Circuit Court of Appeals to not lift a temporary injunction on President Barack Obama's 2014 immigration executive actions, the Department of Justice (DOJ) announced it will not execute an emergency appeal to the U.S. Supreme Court.
According to a DOJ spokesperson, the Justice Department will maintain its focus to implement the expanded Deferred Action for Childhood Arrivals (DACA) guidelines and new Deferred Action for Parental Accountability (DAPA) program.
"The Department has determined that it will not seek a stay from the Supreme Court," said Justice Department spokesman Patrick Rodenbush.
Rodenbush said the DOJ's "best way" to achieve success in the case, and help implement DACA and DAPA for approximately 4.9 million undocumented immigrants, is by focusing on the current appeal process based "on the merits of the preliminary injunction itself. That appeal has been proceeding on an expedited basis, and the 5th Circuit is expected to hear argument the week of July 6."
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Federal Judge Andrew Hanen of Texas, who agreed with 26 U.S. states' claim that Obama overreached his executive authority, originally placed the temporary injunction in February. Last Tuesday, Fifth Circuit Court Judges Jennifer Elrod and Jerry Smith said the temporary injunction should remain in place because the defendants made a compelling case on how the states will suffer from the deferred action programs.
Republican Texas Gov. Greg Abbott and Attorney General Ken Paxton have led the lawsuit, and they have received support from fellow Republicans in 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.
After the Fifth Circuit Court of Appeals voted 2-1 to not lift the DOJ's request to lift the temporary injunction, Abbott released a statement, "We live in a nation governed by a system of checks and balances, and the president's attempt to bypass the will of the American people was successfully checked again...I am pleased with the Court of Appeals for preserving the injunction against President Obama's unlawful action and for recognizing the fundamental principles upon which our nation was founded."
DAPA and the expanded DACA guidelines would provide approximately 4.9 million eligible undocumented immigrants a temporary but renewable three-year stay in the U.S. pending requirements instructed by the U.S. Department of Homeland Security (DHS).
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