A Texas judge threw a roadblock in front of Obama’s action to give relief to illegal immigrants seeking a path to citizenship. Congress has failed to address the problems for 25 years, and the President used his executive authority to provide a partial answer.
The President has pleaded with Congress since his first term to pass needed legislation and it has failed to act. Now, a conservative justice has put a temporary restraint on the President’s actions until the appeal process plays out. In the end, most believe that the President will prevail.
The only thing for Congress to do to ensure a different outcome and to weigh in with more of their solution is to pass legislation. They have failed to do that.
The stay request will be filed by the administration sighting the victims needs and issues in this case. A stay is likely so that the rest of the argument can take whatever time that it takes.
“Obama to seek emergency order restarting immigration programs
By Mike Lillis – 02/20/15 01:45 PM EST
The Obama administration will seek an emergency court order to move forward with President Obama’s executive action on immigration.
Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.
White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”
Will Obama win in the Appeals Court? Alexis Simendinger of Real Clear Politics believes so. Republicans won the midterm election and the Congress, but their approach to legislating is real loser.
“Obama: Deferred-Deportation Plan Will Win in Appeals Court
By Alexis Simendinger – February 18, 2015
“This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately is going to be lawful, and I’m confident that it is well within my authority,” said Obama, referring to his executive order in November creating the deferred-deportation program.
On Monday, the judge temporarily halted Obama’s executive order, giving a coalition of 26 states time to pursue a lawsuit to permanently bar it.
The administration’s reaction to the judicial setback comes during a showdown between the White House and the Republican-led Congress over funding for the Department of Homeland Security. Conservatives seek to legislatively thwart Obama’s immigration executive actions using DHS appropriations as leverage, and face a late-February deadline to resolve differences.
Obama’s policies are being squeezed in the judicial and legislative branches, and while court action dominated headlines Tuesday, Congress’s funding deadline looms next week. In the background are Republicans interested in succeeding Obama in 2017 – potential candidates who are uniformly critical of his policies but sharply divided over how Congress should tackle immigration.
The president, speaking to reporters in the Oval Office, said he is confident his immigration executive actions, which expire at the end of his term, are legal and constitutional. He predicted the ruling by U.S. District Judge Andrew Hanen would be overturned after the Justice Department appeals the case to the Fifth Circuit Court of Appeals in New Orleans. Many analysts predict the complaints tied to the president’s unilateral powers will eventually reach the U.S. Supreme Court.”