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Appeals Court Stops Obama’s Executive Amnesty

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The Fifth Circuit Court of Appeals issued a ruling on Monday evening effectively putting a halt to President Barack Obama’s executive amnesty program. Texas and 26 other states joined in the lawsuit to block the Administration’s illegal action.

The Court ruled the lower court did not err in granting a temporary injunction blocking President Obama’s executive amnesty program. Federal Judge Andrew Hanen previously issued a temporary injunction stopping the president’s actions, as reported by Breitbart Texas.

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“The court’s decision is a vindication for the Rule of Law and the Constitution,” said Texas Governor Abbott in a statement obtained by Breitbart Texas. Abbott initially filed the lawsuit in 2014 duing his final months as Texas’ Attorney General. “The President’s job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today.”

Judge Hanen initially wrote: “The ultimate question before the Court is: Do the laws of the United States, including the Constitution, give the Secretary of Homeland Security (DHS) the power to take the action at issue in this case?”

Breitbart Texas reported that the judge laid out three issues to answer in this ruling: “(1) whether the States have standing to bring this case; (2) whether the DHS has the necessary discretion to institute the DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program; and (3) whether the DAPA program is constitutional, comports with existing laws, and was legally adopted.”

The Fifth Circuit held, “Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of success on the merits of their procedural and substantive APA claims; and they have satisfied the other elements required for an injunction.”

“Today, the Fifth Circuit asserted that the separation of powers remains the law of the land, and the president must follow the rule of law, just like everybody else,” Texas Attorney General Ken Paxton said in a statement obtained Monday night by Breitbart Texas. “Throughout this process, the Obama Administration has aggressively disregarded the constitutional limits on executive power, and Texas, leading a charge of 26 states, has secured an important victory to put a halt to the president’s lawlessness.”

“I commend Gov. Abbott for his leadership on this issue,” Paxton continued, “as well as the talent and hard work of Texas Solicitor General Scott Keller, who along with his team has so eloquently and expertly argued our case.”

Breitbart Texas legal analyst Lana Shadwick reported in July that Keller argued on behalf of the states in front of the Fifth Circuit on July 10.

As President Obama said himself shortly after announcing the program, he “took an action to change the law” when he signed the executive action on immigration. Texas has argued that any sweeping change in immigration policy should be up to lawmakers, not the unilateral action of the executive branch.

The Fifth Circuit, on Monday night, upheld the preliminary injunction granted by the U.S. District Court for the Southern District of Texas on February 16.

Texas was joined in the lawsuit by the states of 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.

Lana Shadwick contributed to this article. Shadwick is a legal analyst for Breitbart Texas. She is a former prosecutor and associate judge. Follow her on Twitter @LanaShadwick2

Bob Price serves as associate editor and senior political news contributor for Breitbart Texas and is a member of the original Breitbart Texas team. Follow him on Twitter @BobPriceBBTX

2015 11 09 Immigration Suit — Merits (1)


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