Appeals Court Considers Obama’s Immigration Executive Action

On Friday, July 10th, lawyers for Texas and 25 other states – including Tennessee – sued to halt President Obama’s executive action on immigration and made their case before a federal court of appeals in New Orleans. The questions were whether or not the president has the authority to protect upwards of 5 million immigrants from deportation, and whether the states would bear the expense of allowing them to remain in the U.S.

Critics of President Obama’s action claim that it would costs millions of dollars to implement these programs for immigrants and oppose paying it.

How it started

In November 2014, President Obama announced executive actions, in part, intending to crack down on illegal immigration at the border, to prioritize deporting felons rather than families, and require certain undocumented immigrants to pass a background check and pay taxes to remain in the U.S. temporarily without fear of being deported. The 26 states against these actions sued to halt them and also stopped an extension of the Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans.

• In February 2015, U.S. District Judge Andrew S. Hanen of Brownsville, Texas, issued a preliminary injunction preventing the Obama administration from implementing the programs.
• In May 2015, a three-judge panel of the 5th Circuit Court of Appeals refused a request by the Obama administration to lift judge Hanen’s stay.
• On July 7th, Judge Hanen compelled Homeland Security Secretary and other officials to appear before a contempt hearing next month to explain to the court why they issued work permits in violation of his injunction.

If the courts do not change course, the federal government can set whatever rules it wishes regarding immigration, but States may be able to block them.

After this latest panel of Judges issues a ruling, either side can appeal to the U.S. Supreme Court, which will have the effect of delaying a final decision until the end of Obama’s presidency. Once again, the battle to resolve key U.S. immigration policy has been postponed until a date uncertain.

The laws regarding immigration are in constant flux. You deserve an attorney who has the skill and experience to help you. If you have questions, contact the Law Office of Perry A. Craft, PLLC to speak with an experienced Nashville immigration lawyer about your needs.