Another Court Strikes Down Obama's Executive Amnesty

Posted: Nov 10, 2015 8:15 AM
Another Court Strikes Down Obama's Executive Amnesty

Late Monday night, the Fifth Circuit Court of Appeals upheld an injunction blocking the implementation of President Obama's executive amnesty, which he announced nearly one year ago. From the Texas Tribune:

A three-judge panel of the U.S. 5th Circuit Court of Appeals has once again ruled against the Obama administration’s controversial immigration program, upholding a lower court's injunction barring the plan from taking effect while awaiting the outcome of a full trial on the lawsuit's underlying arguments.

The policy, called Deferred Action for Parents of Americans and Lawful Permanent Residents, was announced in November 2014 and would have allowed for more than 4 million undocumented immigrants nationwide to apply for three-year renewable work permits and reprieves from deportation proceedings.

The lawsuit prompting the ruling is backed by 26 states and is being spearheaded by former Texas attorney general and current Governor Greg Abbott, who took to Twitter last night to express his support for the ruling and to claim a victory for the rule of law. 

Earlier this year U.S. District Judge Andrew Hanen ripped the administration for continuing its implementation of Obama's executive amnesty despite the injunction and called into question whether President Obama was trust worthy on the issue. 

A federal judge pointedly asked Department of Justice lawyers Thursday if the court should still trust the Obama administration in light of false information it provided to the court.

"Can I trust what the president says? That's a yes or no question," U.S. District Court Judge Andrew Hanen asked Deputy Asst. U.S. Atty. Gen. Kathleen R. Hartnett.

Three weeks after Hanen issued his injunction stopping the DAPA program and DACA extension, DOJ notified Hanen that the Department of Homeland Security had issued over 100,000 three-year work permits under the new DACA guidelines.

"We strive to be as candid as possible," Hartnett told Hanen. "It truly became clear to us there was confusion on this point," she said.

"So you waited three weeks to tell me you were doing it?" Hanen responded.

The 26 states suing Obama to stop his DAPA program have asked Hanen to impose sanctions on Obama's DOJ for misleading the court and have asked for an order directing the DOJ to turn over more internal documents relating to the implementation of the program.

The White House is condemning the Fifth Circuit ruling.