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Obama-Style Immigration Reform May Be Dead As DoJ Won't Seek High Court's Help

Tyler Durden's picture




 

On Wednesday, we discussed a ruling by the 5th U.S. Circuit Court of Appeals in New Orleans that will serve to further delay the implementation of an executive order from President Obama designed to shield nonviolent immigrants from deportation. Republican governors from 26 states oppose the order and have accused the President of overreaching in his efforts to bypass what he views as an ineffectual Congress. Texas Attorney General Ken Paxton went so far as to accuse the administration of “brazen lawlessness.” 

For its part, The White House says it is by no means out of bounds for the President to ask Homeland Security to exercise an appropriate level of discretion prior to deporting immigrants with US family connections. 

Irrespective of who is right, the court ruling threatens to push a final decision on the subject well into next year, an eventuality which would further politicize the issue. Some commentators suggested that the President may well ask the Supreme Court to allow for the order’s immediate implementation. Now, the DoJ says The White House will not seek to use the high court as an end-around.

The NY Times has the story:

President Obama’s overhaul of the nation’s immigration system, which he announced in a prime-time speech to the nation last November, may remain under a cloud of legal uncertainty until months before he leaves office in 2017, legal experts and administration officials said Wednesday.

 

Officials from the Justice Department said in a statement that they would not ask the Supreme Court for permission to carry out the president’s immigration programs — which seek to provide work permits and deportation protection to millions of undocumented immigrants — while a fight over presidential authority plays out in the lower courts…

 

But administration officials on Wednesday said the decision not to ask the Supreme Court to allow the program to move forward immediately reflects a practical reality: Even if the justices had given the green light to begin implementing the program, the continuing legal fight would probably have scared away most of the undocumented immigrants who could apply for it.

 

In a statement, officials from the Justice Department said they disagreed with a decision by the United States Court of Appeals for the Fifth Circuit that continues to block the president’s immigration actions. But they said the government will fight on the merits of the program, rather than push for permission to carry it out immediately.

What that means is a protracted battle in the lower courts which so far have agreed that enacting a sweeping overhaul of the nation’s immigration policies without the approval of Congress crosses the line into executive overreach. 

Now, the administration will attempt to make a stronger case for the program, an avenue they say is preferable to forcing the issue. But this route also jeopardizes the the program’s implementation because regardless of whether the President wins on appeal, the case may eventually end up before the Supreme Court anyway, setting up the difficult proposition of attempting to create a complex bureaucratic infrastructure with a Lame Duck commander in chief. Here’s The Times again:

Administration officials had hoped to begin inviting millions of immigrants to sign up for the president’s new immigration program as early as this month. But that effort has been shelved since February, when a Texas District Court judge ordered a halt, calling it an executive overreach and agreeing that officials had violated administrative procedures.

 

On Tuesday, the appeals court refused to overturn that order, saying that it believed Mr. Obama’s lawyers would ultimately lose in their efforts to defend the president’s actions.

 

Rather than continue to fight the judge’s initial order, administration officials said Wednesday that government lawyers would wait and make what they believe will be a stronger legal argument on the merits of the president’s immigration program.

 

Those oral arguments before the Fifth Circuit are scheduled to begin during the week of July 6, and administration officials expressed confidence that they would eventually prevail.

 

If the president were to win at the appeals court later this summer, legal experts said it was possible that Mr. Obama could order the program to begin later this year.

 

But administration officials said it was very likely that whoever lost at the appeals court would ask the Supreme Court to consider the full merits of the president’s actions...

 

If Mr. Obama were to emerge victorious in the court in the summer of 2016, the timing would pose several problems for his immigration programs.

 

With only a few months to go before he leaves office, Mr. Obama’s administration would face the daunting task of quickly setting up a new bureaucracy that could process millions of applications from undocumented immigrants. 

The implication here is that ultimately, Obama-style immigration reform could be dead in the water because by the time the court battles finally end, it's entirely possible that the Republican presidential candidate will end up touting a promise to repeal the order in the run-up to the election.

As The Times concludes, the more attention the issue receives, the more fearful undocumented immigrants will be about coming forward ("stepping out of the shadows", as the President put it), thus rendering the entire effort essentially meaningless.  

The futility of American politics is on full display.

Finally, here is a visual representation of the above...

 

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Thu, 05/28/2015 - 14:49 | 6140865 BandGap
BandGap's picture

His action has already had the intended results.

Prepare for increasing entropy.

 

Thu, 05/28/2015 - 15:10 | 6140947 Ruffmuff
Ruffmuff's picture

It shows how 911 created home land security so we don't give a shit who shows up for our party.

A simple thing like border control is manic.  It is not about protecting the country but about herding the sheep.

Thu, 05/28/2015 - 15:30 | 6141022 knukles
knukles's picture

Yeah.  It was already being done without court approval so just fucking keep it that way .... nice and easy, mister.

Thu, 05/28/2015 - 15:35 | 6141043 Winston Churchill
Winston Churchill's picture

Already a motion for conpt coming up knucks.

Jeh Johnson won't want to try out the fema camps.

Thu, 05/28/2015 - 17:39 | 6141520 Buzz Fuzzel
Buzz Fuzzel's picture

It is not dead until he tells his apparatchiks to cease and desist.  So far he is ignoring both congress and the courts.

Thu, 05/28/2015 - 15:32 | 6141033 Winston Churchill
Winston Churchill's picture

When they build a wall on that border, it will be to keep the gringo's in.

Thu, 05/28/2015 - 16:06 | 6141171 NunNun
NunNun's picture

"The NY Times has the story"


I just want to point out that other papers had the story way before the NY Times.  In fact so-called right wing nut case sources like the Washington Times have been following this case all along.  

 

To make things worse, the MSM has remained virtually silent about this case for the past 6 months lest anyone start to think the Golden Child might be incorrect about anything.  

Thu, 05/28/2015 - 16:59 | 6141383 Southern_Patriot
Southern_Patriot's picture

Hey Zh'ers wanna have some fun? Look what is trending right now on Twitter. #AskPOTUS

https://twitter.com/hashtag/askpotus?src=hash&vertical=default&f=tweets

 

HAVE FUN!

Thu, 05/28/2015 - 17:33 | 6141492 kaiserhoff
kaiserhoff's picture

Someone ask the motherfucker why we can't see his Occidental transcripts.

Thu, 05/28/2015 - 17:49 | 6141548 Baldrick
Baldrick's picture

lol! he got his ass handed back to himself!

Thu, 05/28/2015 - 14:51 | 6140873 Urban Redneck
Urban Redneck's picture

All predicated on the rule of law...

Thu, 05/28/2015 - 14:53 | 6140879 BandGap
BandGap's picture

Think of the shithead illegals who came forward in anticipation......

Thu, 05/28/2015 - 14:54 | 6140882 Mini-Me
Mini-Me's picture

This is all about buying votes.  The rest is pure theater.

Thu, 05/28/2015 - 15:05 | 6140910 onewayticket2
onewayticket2's picture

...and now, it's not a SC issue, it is an ELECTION issue.

 

savvy move by the admin.  (some, incl me, might call it shifty)

Thu, 05/28/2015 - 15:37 | 6141049 Boozer
Boozer's picture

Speaking of theater, watch this short video for a good bark.

      https://www.youtube.com/watch?v=UXodRLLkth4&feature=youtu.be   
Thu, 05/28/2015 - 14:56 | 6140890 TeethVillage88s
TeethVillage88s's picture

Seeking a Legacy is corrupting, prideful, self-promoting, and Greedy.

-

- Obama admin asserts dominion over creeks, streams, wetlands, ditches...
- Even big puddles?
- INHOFE: 'I WILL NOT ALLOW IT'...
- Dozens of Dems oppose Obama 'power grab'...

Thu, 05/28/2015 - 15:21 | 6140992 El Vaquero
El Vaquero's picture

If you want to seek a legacy, try to make sure you leave the world is a better place than it would have been without you in it. 

Thu, 05/28/2015 - 16:49 | 6141337 TeethVillage88s
TeethVillage88s's picture

Yeah I was just thinking about Obama who never gave a damn about anything except when big money supporters told him to do things.

But there is something to taking on principals as a way of life. I don't know much about Teutonic Knights or any kind of knight. Maybe they swore a oath to the Laws of the Land and to live by a set of Specific Rules.

Teutonic Knights were Christian or Catholic so maybe that is part of their Creed. Maybe this took them to Crusades.

I would think the Masons do something like this.

"A creed (also confession, symbol, or statement of faith) is a statement of the shared beliefs of a religious community in the form of a fixed formula summarizing core tenets."

Lawyers are Self-Regulatory Organization (SRO) just like Banks. Obviously the BAR Association believes in Nothing. Bankers, Big Private Executives & Lawyers all believe in nothing, no US Constitution, no simple rules.

Thu, 05/28/2015 - 14:57 | 6140894 Budnacho
Budnacho's picture

Once the economy implodes I'm pretty sure the conga-line will be heading South...Going to be alot of Angry-Armed people up here.....

Thu, 05/28/2015 - 15:08 | 6140937 XitSam
XitSam's picture

There will be some. But if you had the choice to mooch/steal from a land of plenty or a land of poverty, which would it be?

Thu, 05/28/2015 - 15:58 | 6141140 ThroxxOfVron
ThroxxOfVron's picture

"...if you had the choice to mooch/steal from a land of plenty or a land of poverty, which would it be? "

IF/when the deficit spending, and the various types of corporate and private welfare predicated upon it, ceases; the differences in poverty levels and the distribution demograhics of poverty that presently appear to exist between Mexico and the US will collapse.

Without sustained deficit spending on social programs and the MIC, and Reserve Currency status, the US is indeed not much more than El Mexico del Norte...

Thu, 05/28/2015 - 14:57 | 6140895 Starkman
Starkman's picture

As if a court's decision is really going to stop him.

Thu, 05/28/2015 - 15:11 | 6140951 kaiserhoff
kaiserhoff's picture

In this case it will.  The suit was intelligently drawn by the former AG of Texas, holding every kleptocrat in the chain of command personally responsible.

No phat phuck gubbermint type is  going to jail or losing a pension for Oblubber.  This thing is dead. 

Thu, 05/28/2015 - 15:33 | 6141036 TeamDepends
TeamDepends's picture

That explains the weather wars hammering Texas right now. It's a l'il Barry hissy fit.

Thu, 05/28/2015 - 15:02 | 6140913 kaiserhoff
kaiserhoff's picture

It never was "immigration reform."  It was and is high treason. 

The courts stopped it, for now.  Next up, SCUMBAMADON'TCARE.

Thu, 05/28/2015 - 15:04 | 6140918 Jack Daniels Esq
Jack Daniels Esq's picture

Obama is anti-USA - he is a dumb black kenya muslim

Thu, 05/28/2015 - 15:10 | 6140946 buzzsaw99
buzzsaw99's picture

he is an immigrant president himself so what else would anyone expect

Thu, 05/28/2015 - 15:12 | 6140954 kaiserhoff
kaiserhoff's picture

You forgot "illegal."

 

Thu, 05/28/2015 - 15:15 | 6140963 buzzsaw99
buzzsaw99's picture

they are all illegal and all politicans are criminals so he is 2X illegal

Thu, 05/28/2015 - 17:22 | 6141453 Bastiat
Bastiat's picture

With fake papers.

Thu, 05/28/2015 - 15:37 | 6141048 newworldorder
newworldorder's picture

Not true for immigrants who value their citizenship as something beyond a place to work. Immigrant US Citizenship is a desire of the heart and not just the bank acoount. At least in used to be those of past immigrant generations.

Thu, 05/28/2015 - 15:23 | 6140998 Evil Franklin
Evil Franklin's picture

If I were the destroyer in chief I would find ways to cut off money to the 26 states that made a fuss.  School funding, what school funding.  Road funding, you don't need any road funding.  Medicaid, what's medicaid?  I'm going to federalize your police, your national guards, your school teachers, heck I might just impeach all of your judges and replace them with judges of my choice.

Thu, 05/28/2015 - 15:25 | 6141003 Chuck Knoblauch
Chuck Knoblauch's picture

What does the law mean to this clown?

Thu, 05/28/2015 - 15:34 | 6141041 newworldorder
newworldorder's picture

It means nothing to him, the Democratic Party and the New breed of US Capitalists that see their World citizenship ahead of their US citizenship.

Thu, 05/28/2015 - 15:31 | 6141012 Duc888
Duc888's picture

 

 

True story, Tues I go to renew my DL and try to get a "gold star" to prove I am US shitizen.  (whooopeeee!)

I take my valid passport, my Birth Cert with the raised stamp, my original SS card and my old DL with my current addy on it.

Nope.  No can do.   I can't get my little gold star because I do not have two pieces of snail mail with my name and addy on it.  PO boxes do not count.

Soooo ummm, I guess I'm an illegal now, or sometjhing like that...

So I guess the new "REAL ID" is not about proving you're a US Shitizen after all, it has more to do with verification of where you live.

Thu, 05/28/2015 - 15:33 | 6141039 flyingcaveman
flyingcaveman's picture

Yeah, how they going to know where to sent the SWAT team?

Thu, 05/28/2015 - 16:11 | 6141181 Kirk2NCC1701
Kirk2NCC1701's picture

To the address shown:  123 Elm St, Suite 405, Boringville, UT.

Note that the "Suite" is actually a UPS box.  That's why you pay more:  So your mailbox has a 'Street' address.  Now you know the answer to "What can Brown do for you?"

p.s. You can also have an NFA (No Fixed Address), if you play it right.

Thu, 05/28/2015 - 15:31 | 6141027 newworldorder
newworldorder's picture

What is dead - specifically?

His Exevutive Action Programs by verbal orders, have not stopped or reversed.

 -  He has already issued close to 1 million DACA SS Cards and work authorizations. - Will that be resinded?

-  He has allowed spouses of H1B visa visitors ro seek work. Will that be resinded?

-  There are over 500,000 alleged children that came in 2014 - 2015. Will they be sent back?

-  There are 10 to 20 long term - million illegals in the US. Will they be sent back?

Thu, 05/28/2015 - 15:32 | 6141032 Bill of Rights
Bill of Rights's picture

Our FED masters are so envious

The 'Misery Index' Professor says Venezuela's Inflation Rate is Over 500%

http://www.businessinsider.com/venezuelas-inflation-rate-is-over-the-top...

 

Thu, 05/28/2015 - 15:35 | 6141045 large_wooden_badger
large_wooden_badger's picture

THEE DURKUR DERRRRRRBS!!!

Thu, 05/28/2015 - 16:24 | 6141242 TeethVillage88s
TeethVillage88s's picture

Problem is he is a Lawyer.

- No one Regulates Lawyers.

Lawyers are Self-Regulatory Organization (SRO) just like Banks.

A self-regulatory organization (SRO) is an organization that exercises some degree of regulatory authority over an industry or profession. The regulatory authority could be applied in addition to some form of government regulation, or it could fill the vacuum of an absence of government oversight and regulation. The ability of an SRO to exercise regulatory authority does not necessarily derive from a grant of authority from the government.

- Financial Industry Regulatory Authority (FINRA)
- American Arbitration Association
- National Association of Realtors (NAR)
- American Medical Association (AMA)

TPP contains what? Provisions for Arbitration by a group of Professionals in a SRO, Self-Regulatory Organization.

How's that working out for ya? You like ACA signed before being Read. You like the US Constitution being Trashed. You like having a bunch oversight on your life only to find that Cops/FBI/DEA/IRS/Secret Service can just take your bank account or your cash... when possession used to be 9/10 of the Law.

Thu, 05/28/2015 - 16:26 | 6141255 juggalo1
juggalo1's picture

Seems to me this is bad news for conservatives.  Now democrats will be running twice as hard on "We tried to give you a path to citizenship, but GOP keeps taking it away."  What are conservatives going to say?  "Yeah maybe we want some of those things to, but not specifically, and we didn't like how they tried to implement a solution."

Thu, 05/28/2015 - 16:32 | 6141281 silverer
silverer's picture

Phone's dead and pen is out of ink.

Thu, 05/28/2015 - 16:59 | 6141379 Reaper
Reaper's picture

Obama will seek time by asking for en banc rehearing (all circuit judges ruling together, instead of just three)and, likely, with an second appeal to the circuit after the next decision of the district judge. Obama fears the Supreme Court would reject his Petition for Writ of Certiorari to review the circuit court decision,thus making the circuit decision the final law of the land. https://www.law.cornell.edu/rules/supct/rule_14

We don't live in a nation of laws. We live in nation of lies, courts without justice and legal theater.

Thu, 05/28/2015 - 17:38 | 6141518 Buzz Fuzzel
Buzz Fuzzel's picture

It is not dead until he tells his apparatchiks to cease and desist.  So far he is ignoring both congress and the courts.

Thu, 05/28/2015 - 17:54 | 6141563 Monty Burns
Monty Burns's picture

Immigration "reform"???  No, Treasonous population replacement by the nation-wreckers. 

Thu, 05/28/2015 - 17:54 | 6141566 Westcoastliberal
Westcoastliberal's picture

One of the biggest problems in our society, as I see it, is not calling things what they are.  In this case they're not "immigrants" they are "illegal immigrants".  Big fucking difference.

Thu, 05/28/2015 - 18:44 | 6141697 TheGreatRecovery
TheGreatRecovery's picture

Too bad the Democratic Party has made Flooding The Job Market With Immigrants a plank in its platform.  Such a policy does not protect American workers, but undermines them.  Add that to Gun Control, and the Democratic Party seems to be taking the position: "yes, we will take your Job and your Self-Protection, but where you gonna go?  The Republican Party will make your Females churn out babies, which will also flood the job market, and it will also start bigger wars".

"Life is full of touch choices, Sweetie."  (The Little Mermaid)

"We control all sides".

Thu, 05/28/2015 - 22:05 | 6142266 Dickweed Wang
Dickweed Wang's picture

"Life is like a box of chocolates . . . .".  No Forrest, it's not that you never know what you'll get - they make your teeth rot out and make you fat . . . .

Thu, 05/28/2015 - 18:53 | 6141725 Anunnaki
Anunnaki's picture

He was never serious about immigration reform. He just went through the motions because Latins punished the Dems in 2014 by staying home or voting republican

Thu, 05/28/2015 - 22:01 | 6142245 Dickweed Wang
Dickweed Wang's picture

 . . . . . crosses the line into executive overreach.

With Obango? NO WAY!!!!

Fri, 05/29/2015 - 02:28 | 6142807 asfffasfff
asfffasfff's picture

mexico and us united !!!

120 million of the finest cheap labour, you are welcome the usa 

 

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