Obama's Amnesty slapped down by fed court.

[BDKJMU]

"Federal judge halts Obama amnesty; White House to appeal

A federal judge late Monday halted President Obama’s deportation amnesty, ruling he overstepped his powers in trying to grant legal status and “benefits and privileges” to millions of illegal immigrants, in a stunning decision that chides the president and throws the White House’s plans into disarray just a day before applications were to be accepted.

The White House said it will appeal Judge Andrew S. Hanen’s decision, but it’s unclear whether the case could reach the circuit court in New Orleans or even the Supreme Court before Wednesday, which is when the Homeland Security Department had planned to begin accepting the first applications under the new amnesty.

“The DHS was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence,’ ” Judge Hanen wrote in issuing an injunction. “In fact, the law mandates that these illegally-present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.”....

....The ruling doesn’t mean those illegal immigrants are going to be deported immediately — indeed, Judge Hanen said they are likely not to be deported at all under Mr. Obama, who had set “priorities” putting them in little danger of ever being kicked out of the country, even without the formal amnesty.

The judge said Mr. Obama does have the right to set those priorities, but said it is likely a step too far for him to have set up a proactive program to grant them other benefits.

“The DHS may continue to prosecute or not prosecute these illegally-present individuals, as current laws dictate. This has been the status quo for at least the last five years and there is little-to-no basis to conclude that harm will fall upon the defendants if it is temporarily prohibited from carrying out the … program.”....

.....Judge Hanen’s exhaustive opinion, which ran to 123 pages, eviscerated the administration’s legal arguments. Where Mr. Obama claimed he was only issuing “guidance” and using his powers of prosecutorial discretion to make decisions on a case-by-case basis, the judge ruled that wording was “disingenuous” and ignored the substance of what the president was trying to do.

He also said Mr. Obama hurt his own case by saying he’d acted to “change the law,” implying a much more substantive legal program than his administration was arguing in court.

The president’s new plan, known as Deferred Action for Parental Accountability, announced in November, was designed to cover more than 4 million illegal immigrant parents of U.S. citizens and legal permanent residents, granting them a three-year stay of deportation, Social Security numbers and work permits to compete legally for jobs. The November order also expanded a 2012 program for so-called Dreamers, or illegal immigrants brought to the U.S. as children.

The initial Dreamer program is still in place, and covers more than 600,000 illegal immigrants, but Judge Hanen halted its expansion, as well as the new program for parents.....

....“While [the program] does not provide legal permanent residency, it certainly provides a legal benefit in the form of legal presence (plus all that it entails) — a benefit not otherwise available in immigration laws,” the judge wrote. “In this case, actions speak louder than words.”......"
http://www.washingtontimes.com/news/201 ... ty/?page=2" onclick="window.open(this.href);return false;

[Ivytalk]

The Obamabots seem cocky about their chances on appeal. I wouldn't be so sure.

[GannonFan]

Agreed, Obama's in murky legal waters here, especially the way the opinion was written. Enforce the laws, or don't enforce the laws, that's perfectly up to the discretion of the President, always has been. Start adding in new benefits that aren't called out by the law, well, that's something else entirely.

[LeadBolt]

Obama seemed absolutely snarky in talking about his appeal. One has to think that after all the times Obama said he couldn't do what he did on immigration in his executive order, he is just posturing.

[CID1990]

Obama seemed absolutely snarky in talking about his appeal. One has to think that after all the times Obama said he couldn't do what he did on immigration in his executive order, he is just posturing.

Yeah it sounds a lot like the "JVs" or the "80s called and they want their foreign policy back" comments.

[BDKJMU]

Now appeals court has upheld that the Obama amnesty is illegal..

"Judges use Obama’s own words to halt deportation amnesty

A federal appeals court said President Obama’s own words claiming powers to “change the law” were part of the reason it struck down his deportation amnesty, in a ruling late Monday that reaffirmed the president must carry out laws and doesn’t have blanket powers to waive them.

The 2-1 ruling by the 5th Circuit Court of Appeals punctures Mr. Obama’s immigration plans and is the latest in a series of major court rulings putting limits on the president’s claims of expansive executive powers to enact his agenda without having to get congressional buy-in....."
http://washingtontimes.com/news/2015/no ... ion-amnes/" onclick="window.open(this.href);return false;

[CID1990]

This really shouldn't be all that surprising- but it doesn't matter-

if an order comes down from your supervisor at ICE not to deport certain people you have two or three choices: ignore them and be disciplined, resign in protest, or obey the order.

From what I know of most Federal employees, the majority will choose door #3

[Chizzang]

It seems like the correct ruling...
Personally I have no issues with the ruling either - Its good to get "phase one" out of the way

[BDKJMU]

This really shouldn't be all that surprising- but it doesn't matter-

if an order comes down from your supervisor at ICE not to deport certain people you have two or three choices: ignore them and be disciplined, resign in protest, or obey the order.

From what I know of most Federal employees, the majority will choose door #3

Yeah, not deporting them not a big deal. Although some being let in that otherwise wouldn't/shouldn't be, most already here wouldn't be deported under Obama even without Obama's executive amnesty. But Obama's amnesty goes far beyond simple selective enforcement. The big deal is allowing a massive class of people to be granted a "temporary" legal status & work permits which then entitles them to Social Security cards, state driver’s licenses, tax credits, and other benefits, that once granted, a future admin wouldn't be able to take away. So that temporary would have turned into de facto permanent..

[Cap'n Cat]

Wishful thinking, you armchair Conk blowhard pundit dicks. As in the OVERWHELMING majority of such things since early 2009, Obama will prevail and you Conks (which includes GannyFanny) fucking know it.

[SDHornet]

Wishful thinking, you armchair Conk blowhard pundit dicks. As in the OVERWHELMING majority of such things since early 2009, Obama will prevail and you Conks (which includes GannyFanny) fucking know it.

I agree. Obama just needs to use his pen and phone a little harder and this whole "appeals" issue can disappear.