Appeals Court Dismisses Arizona Sheriff’s Immigration Lawsuit

A district court of appeals dismissed an immigration lawsuit filed by Maricopa County Sheriff Joe Arpaio against the Obama Administration. The three-judge panel ruled that the Arizona sheriff did not have the legal standing to file the immigration lawsuit. The judges also ruled that the sheriff could not prove that his office suffered financial hardships due to President Obama’s executive orders regarding illegal immigrants. Despite the setback, Sheriff Arpaio and his attorney announced that they would appeal the case to the Fifth Circuit Court.

Details of the Immigration Lawsuit

Sheriff Arpaio’s immigration lawsuit alleged that immigration programs authored by the Obama Administration would result in more illegal immigrants coming across the border and, consequently, into the Phoenix suburb where his department has jurisdiction. The immigration lawsuit also claimed that the increase in illegal immigrants would increase the area’s violent crime rate. The consequences of the increased illegal immigration would cost the Sheriff’s Office millions of dollars in additional resources and personnel.

Lack of Standing Dooms Immigration Lawsuit

The judges ruled that the Sheriff’s Office lacked the standing to file the immigration lawsuit and dismissed the suit’s claims. The court decided that Sheriff Arpaio had not proven that the Obama Administration’s policies caused his department the financial damages he alleged in the immigration lawsuit. In the majority decision, Judge Cornelia Pillard wrote that the sheriff’s claims that the deferred deportation policies would cause more crime were “unduly speculative.” She also wrote that the suit’s claims of additional burdens on the department “contradict acknowledged realities.”

Obama Policies Spark Immigration Lawsuits

The executive programs that prompted Sheriff Arpaio to file his immigration lawsuit are known as DACA and DAPA. DACA, which stands for Deferred Action for Childhood Arrivals, allows for deferred action on deportation hearings for illegal immigrants who entered the U.S. as children. DAPA, which stands for Deferred Action for Parents of Americans and Lawful Permanent Residents, allows for deferred action for immigrants whose children are either U.S. citizens or legal residents.

States Pursue Immigration Lawsuit

The DACA and DAPA programs also sparked an immigration lawsuit from the attorneys general of 26 states. The attorneys generals’ suit alleges that the president overstepped his Constitutional authority by issuing the orders. The states’ immigration lawsuit is also scheduled to be heard in the Fifth Circuit Court either late this year or early in 2016.

Source: Latin Times

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