Immigration Action Lawsuit: Fifth Circuit Court Offers a Chance of Success for Obama’s Immigration Programs
In spite of recent setbacks, the Obama administration's case in favor of President Barack Obama's immigration executive orders could be improving because of a court's statement arguing it is not bound by the earlier decision.
In their decision to uphold the block on President Obama's executive order, the two Fifth Circuit Court judges who sided with the previous indictment of the action dealt a deadly blow to the administration's case, which sought maintain the president's orders, according to Think Progress. However, the same court has issued a statement arguing it is not bound by the two judges' decision.
Back in November, President Obama issued executive orders to help the undocumented immigrants in the country. The orders created the Deferred Action for Parents of Americans (DAPA), which deferred the deportation of the undocumented parents of U.S.-born children. It also extended Deferred Action for Childhood Arrivals (DACA). The orders would help around 4.9 million undocumented immigrants in the country.
In their decision, Judges Jennifer Elrod and Jerry Smith agreed with Judge Andrew Hanen's decision to block the president's order until the Fifth Circuit Court decided on the matter.
However, on Thursday the Fifth Circuit sent a letter to the attorneys making them aware of "addressing pertinent portions of the majority and dissenting opinions issued by" Judges Smith and Elrod's panel. The court also mentioned Mattern v. Eastman Kodak Co. to the lawyers, a 1997 decision that held "a panel hearing the merits of an appeal may review a motions panel ruling, and overturn it where necessary," and that "the merits panel must be especially vigilant where, as here, the issue is one of jurisdiction."
Think Progress posited the court is making the Judge Smith and Elrod's decision not binding for future panels, opening it up to be potentially overturned. This prevents the next panel to hear the case from being bound to the earlier decision.
The panel's decision would make the Justice Department "overcome an extraordinarily high burden" about Judge Hanen initial conclusions.
"That's a toxic decision for the administration, because it gives a trial judge who has already revealed himself to be hostile to the administration's entire enterprise the power to reach dubious conclusions, and it instructs appellate judges to be highly deferential to these conclusions," Think Progress argued.
However, now the administration can refute Judge Hanen's arguments with a better chance at winning.
During last week's weekly address, the president vowed to continue fighting for immigration reform and the executive orders.
"Some folks are still fighting against these actions," President Obama said. "I'm going to keep fighting for them. Because the law is on our side. It's the right thing to do. And it will make America stronger."
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