Obama to Appeal Adverse Ruling on DAPA Immigration Program

By Jeralyn, Section Obama Administration
Posted on Tue Nov 10, 2015 at 12:38:41 PM EST
Tags: DAPA, immigration reform (all tags)

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President Obama today announced the Administration will appeal the 5th Circuit Court of Appeals decision yesterday blocking the implementation of his executive order on Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”). The opinion is here.

The Obama administration will ask the Supreme Court to overturn a lower court injunction that has held up a new program that potentially would shield up to 5 million undocumented immigrants from deportation. The decision to take the case to the high court comes a day after a federal appeals panel ruled against the administration, keeping the new program on hold nearly a year after President Obama announced it.

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Obama's order provided protection against deportation for parents whose children are citizens or legal permanent residents.

According to the 5th Circuit, " the administration had not provided adequate public notice before attempting to change federal enforcement policies after Obama announced the program through executive action."

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Obama to Appeal Adverse Ruling on DAPA Immigration Program | 2 comments (2 topical)

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For All Their Bluster... (none / 0) (#1)
by ScottW714 on Tue Nov 10, 2015 at 03:36:41 PM EST

...about Obama and the courts, Congress, specifically Congressional republicans have punted and punted on this one. It was one of Ryan's requirements, immigration not be discussed until after the elections.

They are damn good at criticizing everyone else, but when it comes time to legislate...

Can we assume some public notice will put this back on track, not even sure what that means.
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Speaking of, are they going to have an AUMF vote anytime soon, Obama is using the one from 2002. Either give him war powers or don't, but vote already. I know GITMO prisoners and Planned Parenthood is taking front stage, but they should just STFU about ISIS & immigration if they aren't going to do anything about it but complain.

Timing is the conundrum in this case (none / 0) (#2)
by christinep on Tue Nov 10, 2015 at 06:44:35 PM EST

Noting that the U.S. announced intent to seek immediate Supreme Court review of the 5th Circuit's affirmation of district's initial preliminary injunction, the difficulty for the WH at this point may well be getting a SCt determination prior to the next Administration. While I'm supposing that the Supremes should entertain review of this interlocutory disposition in view of the extensive federal and human costs involved here, I suppose also that the SCt's timing agenda is not as constraining as the lessening months are for the WH.

Recognize, of course, that the 5th Circuit is widely regarded as a strongly conservative court. In many ways, the Circuit may be more conservative and limiting in areas such as this one, where scholars typically recognize expansive authority in the Executive.