Disir
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- Sep 30, 2011
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When President Obama unveiled his plan to help as many as 5 million immigrants “come out of the shadows,” the White House insisted it was not rewriting law but merely exercising “prosecutorial discretion” to decide who should be deported first.
That argument ran off the rails in the U.S. 5th Circuit Court of Appeals this week when conservative judges sided with Texas and upheld an order blocking Obama's plan from taking effect.
Despite protests from the president's lawyers, judges portrayed Obama's latest executive action on illegal immigration as a major change in the law and one not approved by Congress.
It “would extend lawful presence to millions of illegal aliens on a class-wide basis,” said Judge Jerry Smith, and “affirmatively confer” a “host of federal and state benefits,” including a Social Security pension and Medicare hospital coverage.
The decision sets the stage for another highly partisan battle in the Supreme Court, with Texas and 25 other Republican-led states on one side and Obama and the Democratic-led states, including California, on the other.
...The 5th Circuit panel affirmed his decision this week, and it did so by relying on a liberal precedent from an environmental case.
Key question in immigration court fight: Is Obama enforcing deportation laws or changing them?
Here we go. Let's hope they hear the case sooner rather than later.
That argument ran off the rails in the U.S. 5th Circuit Court of Appeals this week when conservative judges sided with Texas and upheld an order blocking Obama's plan from taking effect.
Despite protests from the president's lawyers, judges portrayed Obama's latest executive action on illegal immigration as a major change in the law and one not approved by Congress.
It “would extend lawful presence to millions of illegal aliens on a class-wide basis,” said Judge Jerry Smith, and “affirmatively confer” a “host of federal and state benefits,” including a Social Security pension and Medicare hospital coverage.
The decision sets the stage for another highly partisan battle in the Supreme Court, with Texas and 25 other Republican-led states on one side and Obama and the Democratic-led states, including California, on the other.
...The 5th Circuit panel affirmed his decision this week, and it did so by relying on a liberal precedent from an environmental case.
Key question in immigration court fight: Is Obama enforcing deportation laws or changing them?
Here we go. Let's hope they hear the case sooner rather than later.
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