Appeals Court Refuses To Lift Hold On Obama Amnesty

Maryland DACA AP
Associated Press

A federal appeals court has upheld a district court’s injunction preventing the Obama administration’s executive amnesty programs from moving forward.

In February U.S. District Court Judge Andrew Hanen placed a preliminary injunction on Obama’s executive amnesty programs — expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)  — keeping the programs from taking effect. Hanen blocked the programs after 26 states led by Texas challenged the executive actions.

Justice Department lawyers sought a stay on the injunction from the 5th Circuit Court of Appeals. Tuesday’s ruling from the 5th, refusing to lift the injunction, marks a significant setback for the Obama administration’s executive amnesty effort.

According to the Associated Press, the court declined the stay the injunction on a 2-1 vote with 5th Circuit judges Jerry Smith and Jennifer Walker Elrod voting for denial and Judge Stephen Higginson dissenting.

Texas is leading the 26 state coalition challenging the executive amnesty. 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 are joining the Lone Star State in that effort.


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