By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States of America – On Friday, April 17, administration lawyers will ask s federal appeals court to lift an injunction blocking President Barack Obama’s executive action meant to help undocumented immigrants. The injunction was issued in February by a Texas-based U.S. district Court Judge, Andrew Hanen, the purpose of the injunction was to halt programs intended to shield 4.7 million undocumented immigrants from deportation.

 

Photo Courtesy of the New York Times

Hundred of pro-immigrant advocated are expected to rally in front of the U.S. Fifth Circuit Court of Appeals courthouse in New Orleans where the arguments in the case are set to be heard.

The hearing before a three-judge panel, will allow lawyers for both sides to make their cases publicly. In similar cases, the appeals court will make a decision based solely on written briefs. However, because of the media attention surrounding this case, each side will have an hour to argue their case.

Government attorneys are expected to insist that the states have no right to challenge the executive actions because they will suffer no direct harm is the policies are carried out. President Obama has previously declared in November, that he was operating within his rights to take unilateral action in the face of years of refusals by congressional Republicans to change immigration laws. If the government lawyers fail to reverse the judge’s preliminary injunction, Obama’s immigration efforts could remain in legal limbo, raising doubts about whether the policies will be carried out before the president leaves office.

However, if the appeals court lifts Judge Hanen’s injunction, administration officials may quickly move to carry out the executive action. Thus, allowing millions of undocumented immigrants to begin applying for protection under a program that would allow them to remain in the country legally but would not provide a path for citizenship. If the injunction is lifted, opponents are expected to block the action by appealing to the Supreme Court.

Still, it is unclear whether the Obama administration will prevail in the Fifth Circuit, considered one of the most conservative courts in the country.

 

For more information, please see the following:

HUFFINGTON POST –Immigration Fight Heads to Federal Appeals Court – 17 Apr. 2015.

NEW YORK TIMES – Obama’s Immigration Overhaul, Halted by Judge, Comes Before Appeals Court – 17 Apr. 2015.

REUTERS – Immigration Fight Heads to Federal Appeals Court – 17 Apr. 2015.

YAHOO! – Immigration Fight Heads to Federal Appeals Court – 17 Apr. 2015.

Author: Impunity Watch Archive