Appeals Court Refuses To Lift Immigration Lawsuit Injunction

A federal appeals court refused an Obama Administration request to lift an injunction in the immigration lawsuit brought by 26 state attorneys general. The immigration lawsuit is seeking to repeal President Barack Obama’s executive orders, which they maintain are unconstitutional. The three-judge panel of the Fifth Circuit Court of Appeals voted 2-1 to keep an injunction in place that would prevent more than four million undocumented immigrants from delaying their deportation hearings.

Details of the Immigration Lawsuit

The attorneys general of Texas and 25 other states filed the immigration lawsuit to stop President Obama’s executive orders from going into effect. The orders would have allowed minor children of undocumented immigrants to delay deportation hearings for up to three years. Another order would have allowed undocumented immigrants with children who were legal residents or U.S. citizens to maintain legal residence in the U.S. The attorneys general claim in their immigration lawsuit that President Obama overstepped his authority in issuing the executive orders.

Appeals Court Rules on Immigration Lawsuit Injunction

The original injunction was put into place by U.S District Judge Andrew Hanen. Judge Hanen ruled that the executive orders that spurred the immigration lawsuit should be put on hold until the legal process was complete. Attorneys for the Obama Administration argued that the injunction would delay the deportation deferments for millions of immigrants. The appeals court panel ruled that the administration had not demonstrated that the injunction would damage their efforts on immigration reform. The judges also decided that the states had enough legal grounds in bringing the immigration lawsuit against the administration.

Politics of the Immigration Lawsuit

Some observers have noted the political implications behind the immigration lawsuit. Nearly all of the attorneys general who filed the original lawsuit, including former Texas attorney general and current governor Greg Abbott and current Texas attorney general Ken Paxton, are Republicans. Judge Hanen was appointed to the federal bench by President George W. Bush in 2002. Judges Jerry Smith and Jennifer Elrod, who voted to keep the injunction in place, were also appointed by Republican presidents. Judge Stephen A. Higginson, who cast the dissenting vote, was appointed by President Obama in 2011.

Reaction to Immigration Lawsuit Ruling

The appeals court ruling on the immigration lawsuit injunction could make it more difficult for undocumented immigrants who qualify for deportation deferments to participate in the process. Marielena Hincapie, executive director of the National Immigration Law Center, told media outlets that she believes one of the purposes of the states’ immigration lawsuit is “to confuse and to instill fear” in immigrants who could qualify for deferments. She also stated that the delays caused by the injunction pose “a harder challenge” for immigrants whose circumstances would meet those of the President’s orders.

Source: New York Times

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