We don't have legal standing ping!
Posted on 04/07/2015 11:50:42 AM PDT by Cincinatus' Wife
A federal appeals court’s ruling Tuesday upholding the dismissal of a lawsuit over President Barack Obama’s first major executive action to aid illegal immigrants could help the Obama Administration fight a more significant suit that has resulted in Obama’s second wave of immigration orders being halted nationwide.
A three-judge panel of the 5th Circuit U.S. Court of Appeals unanimously ruled that several immigration agents and the state of Mississippi lacked legal standing to sue over Obama’s 2012 Deferred Action for Childhood Arrivals program because evidence that the agents or the state would be harmed by the effort was too speculative.
“Neither Mississippi nor the Agents have alleged a sufficiently concrete and particularized injury that would give Plaintiffs standing to challenge DACA,” Judge W. Eugene Davis wrote in an opinion joined by Judges Carolyn King and Priscilla Owen.
In February, a federal judge based in Brownsville, Texas issued an injunction against Obama’s decision last year to expand the DACA program to give quasi-legal status and work permits to millions more illegal immigrants who arrived in the U.S. as minors. The order from U.S. District Court Judge Andrew Hanen also barred the Department of Homeland Security from moving forward with a plan to extend the same benefits to illegal immigrant parents of U.S. citizens or permanent residents.
Hanen acted at the request of 26 states, led by Texas, arguing that Obama lacked the legal authority to implement what they contend is a de facto amnesty and legalization of millions of immigrants. One of the key issues in that case is whether Texas and the other states showed they would be harmed by the new round of immigration actions.
Legal experts scouring the 5th Circuit ruling Tuesday focused in particular on its treatment of Mississippi’s challenge to the original DACA program, aimed at so-called Dreamers.
“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,” Davis wrote. “Mississippi submitted no evidence that any DACA eligible immigrants resided in the state. Nor did Mississippi produce evidence of costs it would incur if some DACA-approved immigrants came to the state.”
Davis noted that the only evidence of damages was a 2006 study showing social service costs and other state expenditures in Mississippi increased more than $25 million a year due to illegal immigration generally, not specific to the Obama program. The ruling also notes that focusing deportation efforts might relieve some burdens on the state.
“It could be that the reallocation of DHS’s assets is resulting in the removal of immigrants that impose a greater financial burden on the state,” wrote Davis, a Reagan appointee. King is a Carter appointee and Owen a George W. Bush appointee.
Rulings of one three-judge panel on legal issues are binding on other panels of the appeals court, including one expected to hear arguments on the Obama Administration’s request to stay Hanen’s injunction against the second wave of Obama immigration actions.
However, the panel assigned to that case could conclude that the facts are different because Texas and other states presented different evidence of the costs they would incur if Obama’s expanded immigration action went into effect. The main evidence was that issuing drivers licenses to those granted deferred action would increase state expenses because the charge for licenses doesn’t cover all related expenses.
Other states have argued that the deferred action programs and associated work permits would have a net positive financial effect on state coffers.
The 5th Circuit is widely considered the most conservative federal appeals court in the country. Among active judges, it leans 2-1 Republican.
I just love it when a court says the plaintiff “lacks standing.” Technical weasel words. It supports the president, even though what he does is illegal.
The court is saying “we know it’s illegal, but we’re not going to do anything about it. Nobody has the right to challenge the word of Obama.”
Other states have argued that the deferred action programs and associated work permits would have a net positive financial effect on state coffers.
Which “other” states?
The states need to declare war on mexico and put an end to this nonsense.
“Four Democratic senators are urging an appeals court to let the Obama administration move forward on immigration.
Sens. Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), Chris Coons (D-Del.) and Mazie Hirono (D-Hawaii) on Tuesday filed an amicus brief that calls on the 5th Circuit Court of Appeals to overturn an injunction blocking implementation of Department of Homeland Security’s (DHS) deferred deportation programs.
“President Obama’s executive action on immigration was well within his legal authority and was a step towards reforming our broken immigration system,” the senators said in a statement. “The Senate has an interest in ensuring that when Congress gives the Executive Branch the authority and responsibility to execute America’s immigration laws in a humane and thoughtful manner, the federal courts respect Congress’s decision.”
The Fifth Court of Appeals is expected to hear oral arguments next week on the administration’s push to overturn a ruling by District Judge Andrew Hanen, who put a temporary hold on Obama’s attempts to slow deportations and grant benefits to some people in the country illegally.
The senators said that it would be a “disaster” if Hanen’s decision is upheld.
“It will be a disaster not just for immigration law but for federal governance generally,” they said. “If a judge can stop the Secretary of Homeland Security from providing commonsense guidance on immigration officials’ exercise of prosecutorial discretion, not only will it be impossible to have a reasoned immigration policy in this country, it will be impossible for other federal agencies to operate in a manner that is consistent and rational.”
The senators’ brief follows a brief from 181 House Democrats.
Stephen Kinnaird, the counsel of record and co-chair of the appellate practice of Paul Hastings LLP, pointed out that the senators are all past or present chairman or ranking members of the Senate Judiciary Committee’s administrative law committee.
“Core principles of administrative law hang in the balance,” Kinnaird said in a statement. “The Senators have urged the Fifth Circuit to vindicate those principles and preserve the powers of agency heads to give structured guidance to their subordinates in exercising enforcement discretion.”
Although The Obama Fundamental Change has been implemented we still have a government with three branches:
King Obama
The Liberal Media
The King’s Judicial Stooges
Doesn’t matter. Baraq already said he intends to disobey any court orders.
According to presumptive Senate minority leader (hopefully not majority leader) Chuck Schumer, the three branches are: The president, the House and the Senate.
W. Eugene Davis : Reagan
Carolyn King : Jimmy Carter
Priscilla Owen: George W Bush
How does that work?
Do these "children" have pockets full of gold bullion?"
Or are the un-named states counting on the federal government printing more billions of funny money to immediately set these illegals up with government income like the millions of other moochers Obama has added to the government dole?
So you have to get your head blown off before you can sue because your head was blown off. Got it.
WHO IN THE HELL HAS ‘STANDING’ TO DO ANYTHING TO THIS COMMIE MUSLIM PIECE OF CRAP INN THE WHITE HOUSE?
It would just be a response to the War that Mexico is currently conducting against us.
What's unique this time around is that the US government is on their side.
who has stutus to sue?
No one. The courts are bowing to their master who feeds them. Going Along to Get Along means you keep eating, otherwise Bad Things happen like what happened to Reid.
Hanen obviously has more guts, but most likely Strange Things will begin happening to him and his family.
Remember, these are Chi-Town gang bangers, reading Vlad Putin's little Red Book of government by targeted assassination.
“common sense guidance” - No, it’s subversion of the law.
Hanan gave the DOJ 48 hours on March 19 to file some sort of a motion as a result of his learning that he had been lied to. Did anything become of that? Anyone? Bueller? Bueller?
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