Skip to main content

Posts

Showing posts with the label 5th Circuit

DAPA, Obama, the Supreme Court, and Politics

November 2014, after a stinging defeat at the polls, and with little left to lose in his political legacy, Obama announced a series of DHS policy memos that, when implemented, would rearrange his deportation priorities (after becoming the Deportation President with more than 2.5 million people deported), and create formalized system of Deferred Action to help long term resident undocumented people (the backbone of much of our service sector) to obtain work permits (DAPA).  Obama apparently preferred to do this policy changes by memo, arguing that they were not "substantive" changes to regulation, and thus did not need to go through the formal Administrative Procedures Act (APA) rulemaking processing (which takes about 6 months, or less, done properly). State Attorney Generals, led by Texas promptly brought suit, under a series of novel theories, arguing that this was no mere policy change, but rather a substantive fix with massive benefits and enormous costs to the states...

DAPA and The 5th Circuit--Three Reasons Why Obama Failed to Win Approval of the Policy Change

Its a sad day for immigrants who simply want a chance. DAPA falls,  Obama fails, and politics live. http://www.nytimes.com/…/fifth-circuit-court-of-appeals-rul… A federal appeals court on Tuesday denied the Obama administration’s request to lift a hold on the president’s executive actions on immigration, which would have granted protection from deportation as well as work permits to millions of immigrants in the country illegally. Two of three judges on a panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, left in place an injunction by a federal district judge in Brownsville, Tex. The ruling comes in a lawsuit by 26 states against actions President Obama took in November. Many of the initiatives were scheduled to take effect this month. The appeals court found that Texas and the other states did have sufficient legal grounds to bring the lawsuit and that the administration had not shown it would be harmed if the injunction remained in the place...