Barack Obama, DAPA, Deferred Action for Parents of Americans and Lawful Permanent Residents program, Fifth Circuit Court of Appeals, Illegal Executive Amnesty, Illegal Immigration, Obama Administration
The Fifth U.S. Circuit Court of Appeals in New Orleans in a 2 to 1 decision upheld the injunction against Barack Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”).
The decision is a huge win for Texas and 25 other states who had sued a year ago to stop the president after he declared he was done waiting for Congress and announced he was acting to “change the law” on his own.
Writing for the majority, Judge Jerry E. Smith said that statement by Mr. Obama weighed heavily against him, since only Congress has the power to rewrite the Immigration and Nationality Act….
“The INA flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization,” Judge Smith wrote….
As explained last night by Judge Andrew Napolitano on The Kelly File:
Judge Andrew Napolitano explained on “The Kelly File” that three judges – the trial judge and two appeals judges – now have used their authority under the Constitution to stop the president from “writing his own law.”
He said those judges agreed with the plaintiffs – in this case 25 states, led by Texas – that if Obama’s executive order were to be carried out, the financial damage to the states would be a “catastrophic injury.”
“This is very, very rare that a single judge would enjoin the president and that that judge would be upheld by an appeals court,” Judge Napolitano said….