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Wednesday, May 27, 2015

CFR Update: Appeals Court Deals Blow to Obama Immigration Proposal

TOP OF THE AGENDA
Appeals Court Deals Blow to Obama Immigration Proposal
A federal appeals court on Tuesday denied (WaPo) President Barack Obama's administration's request to move forward with an executive order to defer deportations for millions of undocumented immigrants, a centerpiece of President Obama's second-term agenda. The ruling, stemming from a lawsuit brought by Texas and twenty-five other states, found that states have the legal standing to challenge the federal policy and that a previous injunction against the executive order must remain in effect. The decision puts President Obama's immigration initiative, which was to start taking effect this month, on hold (NYT) until the legal challenges against it are settled. The administration may appeal directly to the Supreme Court.
ANALYSIS
"If the administration can't get the Supreme Court to act promptly to lift the injunction or chooses not to try, the White House could find Obama's long-promised immigration actions on hold until the Supreme Court rules definitively on the legal questions at stake — a ruling that likely wouldn't come until next June," explain Josh Gerstein and Adam Lerner in Politico.
"By acting on his own Mr. Obama poisoned the politics of immigration reform for the rest of his tenure. Republicans who favor reform have no chance to bring along angry back-benchers who have zero trust in the President to follow any immigration reform that Congress passes," argues the Wall Street Journal.
 "The lawsuit against DAPA, then, is really more of a political squabble than a true legal conflict. A Democratic president, pursuant to a Congressional mandate, dictated a policy that deprioritized the deportation of the parents of citizens and permanent residents. A group of Republican governors opposed it," writes Mark Joseph Stern in Slate.

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