The 5th U.S. Circuit Court of Appeals, based in New Orleans, Louisiana, rejected a request to terminate a 2012 executive order that allowed children brought to the United States illegally to be free from deportation.
The court, made up of three judges who were appointed by past presidents, said that there was no clear evidence that the 2012 Deferred Action for Childhood Arrivals (DACA) program was hindering the state’s economy or well-being. The state in question is Mississippi, who alleged that state costs have risen $25 million per year to keep up with the influx of illegal immigrants.
“The district court held that Mississippi’s alleged fiscal injury was purely speculative because there was no concrete evidence that Mississippi’s costs had increased or will increase as a result of DACA. Based on the record before the district court, we agree,” wrote Judge W. Eugene Davis, appointed by former President Ronald Reagan. The other two judges, Judge Carolyn King and Judge Priscilla Owen, were appointed by former Presidents Jimmy Carter and George W. Bush, respectively.
This is considered a win for the Obama administration, but the battle is not over yet A larger lawsuit, involving 26 states as plaintiffs, have sued the administration over the President’s November 2014 executive order virtually legalizing 4.7 million illegal immigrants in the United States, Reuters reports. Obama did not seek any assistance from Congress and did not allow them to vote on his order, instead creating and approving it himself.
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Judge Andrew Hanen of Brownsville, Texas, blocked the executive order from going into action in a ruling on Feb. 23. More recently, Judge Hanen blocked a request from the U.S. Justice Department to remove the ban he placed on the executive order two months ago.
Now, the Justice Department has filed for a hearing in front of the 5th Circuit over Judge Hanen’s block, which will take place on April 17. One particular point in question is whether the Justice Department knowingly manipulated Judge Hanen’s ruling, by allowing 108,000 illegal immigrants to receive three years free of deportation warnings and hearings. The Justice Department had previously asked Hanen to reconsider his earlier decision, but the Department allegedly acted on behalf of these illegal immigrants before the Judge could make a final decision.
Judge Hanen has also stated an intent to issue sanctions on the Justice Department if he believes that the Obama administration had already begun implementing a strategy and program to expand rights to children of illegal immigrants.
Other states that are attempting to block Obama’s executive order are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin, Fox News reports.
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Photo Credit: Wikimedia Commons/Tomas Castelazo, pewtrusts.org