Obama immigration orders blocked by Fifth Circuit Court

Obama's executive orders to protect illegal immigrants were struck down; now the Justice Department will decide whether to appeal to the Supreme Court.

Americans protest illegal aliens being held on American soil at military bases - photo credit - Facebook

CLEVELAND, May 26, 2015 — The 5th U.S. Circuit Court of Appeals ruled against the Obama administration’s effort to reverse a Texas judge’s action today. This temporarily blocks Obama’s effort to protect up to 5 million illegal immigrants now living in the United States.

The court came down on the side of the 26 states that alleged the president exceeded his authority when he issued his executive orders.

Texas and Supreme Court will kick Obama’s immigration order across the border

Obama had indicated on more than 20 occasions that as president, he does not have the constitutional authority to take executive action to expand immigration. Yet with the 2014 mid-term loss of the Senate to the Republicans, Obama reversed himself and announced that he would expand immigration rules.

The president extended deportation protection for the children of illegal immigrants and for the parents of permanent residents and U.S. citizens. Many conservative leaders in Congress opposed his action, but it was state leaders who followed through on their opposition to Obama’s orders by filing a lawsuit.

Texas took the lead among the 26 states that opposed what they claimed were unconstitutional actions by the president. The states claimed that his orders amounted to legislation by executive fiat and would force the states to spend additional money on healthcare, law enforcement and education.

On Feb. 16, U.S. District Judge Andrew Hanen of Texas agreed with the states’ position and issued a temporary injunction to keep the Obama Administration plan from taking effect.

If the president had prevailed in that lawsuit, young immigrants who were brought to the U.S. illegally as children would have been shielded from deportation by the Immigration and Naturalization Service (INS).

On May 19, a second Obama order allowed permanent residents who have been in the country for many years and the parents of U.S. citizens to remain in the country.

The White House through its spokespersons had argued that the president had the authority to act because of Congress’s alleged refusal to repair “a broken immigration system.” That claim fell like a legal anchor when 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the Justice Department’s request for a stay.

It’s time to solve the immigration problem once and for all

The appeals court judges said, “The federal government lawyers are unlikely to succeed on the merits of that appeal.”

Now the Justice Department will have to decide whether to appeal the ruling to the U.S. Supreme Court. It must find a way to protect the U.S. and secure the nation’s borders without having the president unilaterally change the nation’s immigration laws by executive edict.

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Kevin Fobbs
Kevin Fobbs began writing professionally in 1975. He has been published in the "New York Times," and has written for the "Detroit News," "Michigan Chronicle," “GOPUSA,” "Soul Source" and "Writers Digest" magazines as well as the Ann Arbor and Cleveland "Examiner," "Free Patriot," "Conservatives4 Palin" and "Positively Republican." The former daily host of The Kevin Fobbs Show on conservative News Talk WDTK - 1400 AM in Detroit, he is also a published author. His Christian children’s book, “Is There a Lion in My Kitchen,” hit bookstores in 2014. He writes for Communities Digital News, and his weekly show "Standing at Freedom’s Gate" on Community Digital News Hour tackles the latest national and international issues of freedom, faith and protecting the homeland and heartland of America as well as solutions that are needed. Fobbs also writes for Clash Daily, Renew America and BuzzPo. He covers Second Amendment, Illegal Immigration, Pro-Life, patriotism, terrorism and other domestic and foreign affairs issues. As the former 12-year Community Concerns columnist with The Detroit News, he covered community, family relations, domestic abuse, education, business, government relations, and community and business dispute resolution. Fobbs obtained a political science and journalism degree from Eastern Michigan University in 1978 and attended Wayne State University Law School. He spearheaded and managed state and national campaigns as well as several of President George W. Bush's White House initiatives in areas including Education, Social Security, Welfare Reform, and Faith-Based Initiatives.