A panel of a federal appeals court Tuesday declined to reverse a district court judge’s ruling that blocked President Obama’s plan to grant temporary amnesty for some 5 million illegal immigrants, saying that overriding the ruling could force states to take irreversible actions that would become illegal if the challenge to Obama’s action prevails.
According to the 2-1 ruling:
A stay would enable DAPA beneficiaries to apply for driver’s licenses and other benefits, and it would be difficult for the states to retract those benefits or recoup their costs even if they won on the merits. That is particularly true in light of the district court’s findings regarding the large number of potential beneficiaries, including at least 500,000 in Texas alone.
Obama’s amnesty is seen by opponents as a rank end-around of Congress, granting legal status and benefits to millions of illegal immigrants by simply making them a low priority for prosecution. How a decision to defer prosecuting an illegal immigrant gives them legal rights is something I have never understood.
Now, it appears, the courts may be having trouble with it too.
The administration will no doubt appeal, but it’s unclear whether it will go directly to the Supreme Court.
Obama’s two most significant policies – this and Obamacare – hang by legal threads. It’s indicative of the divisive, imperious nature of this presidency that Obama governs by such questionably legal means.