Federal appellate court rules against Obama immigration program


On Monday, a three-judge panel of the U.S. Fifth Circuit Court of Appeals in Louisiana ruled, 2-1, against President Obama's executive initiative to shield up to five million illegal immigrants from deportation. In a 135-page ruling, Judge Jerry E. Smith, writing for the majority, agreed with U.S. District Judge Andrew Hanen in Texas, who'd backed the 26 states suing the Obama administration, concurring that the effort to defer immigration action against certain immigrant parents of U.S. citizens would harm states by making them pay for extra driver's license services and that Obama had failed to follow correct procedures for implementing his executive action.
The White House had been expecting the decision to go against Obama, in part because the same judges had rejected their request for an emergency stay in May and partly, The New York Times explains, "because of the high number of judges in that circuit who were appointed by Republican presidents." True to form, the two judges in the majority were appointed by Republicans, and the third judge, Jimmy Carter appointee Carolyn King, wrote a tough dissent accusing her fellow jurists — including Judge Hanen — of ignoring the evidence and ruling based on "conjecture, intuition, or preconception."
The Obama administration and immigrant advocates have high hopes that the Supreme Court will rule in their favor, and had mainly been worried that the Fifth Circuit would delay its ruling so long the high court wouldn't rule on the case until Obama was out of office. Now, if the Supreme Court agrees to hear the case next year and decides in Obama's favor, the initiative will have a few months to take root before Obama's term ends. "Once the green light is given," said Marielena Hincapié, executive director of the National Immigration Law Center, "it will make it that much more difficult for any administration, Republican or Democrat, to undo the program."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
July 12 editorial cartoons
Cartoons Saturday's political cartoons include generational ennui, tariffs on Canada, and a conspiracy rabbit hole
-
5 unusually elusive cartoons about the Epstein files
Cartoons Artists take on Pam Bondi's vanishing desk, the Mar-a-Lago bathrooms, and more
-
Lemon and courgette carbonara recipe
The Week Recommends Zingy and fresh, this pasta is a summer treat
-
Trump set to hit Canada with 35% tariffs
Speed Read The president accused Canadian Prime Minister Mark Carney of failing to stop the cross-border flow of fentanyl
-
Mahmoud Khalil files $20M claim over ICE detention
Speed Read This is the 'first damages complaint' brought by an individual targeted by the Trump's administration's 'crackdown' on Gaza war protesters
-
Trump threatens Brazil with 50% tariffs
Speed Read He accused Brazil's current president of leading a 'witch hunt' against far-right former leader Jair Bolsonaro
-
AI scammer fakes Rubio messages to top officials
Speed Read The unknown individual mimicked Rubio in voice and text messages sent to multiple government officials
-
SCOTUS greenlights Trump's federal firings
speed read The Trump administration can conduct mass federal firings without Congress' permission, the Supreme Court ruled
-
New tariffs set on 14 trading partners
Speed Read A new slate of tariffs will begin August 1 on imports from Japan, South Korea, Thailand and more
-
Elon Musk launching 'America Party'
Speed Read The tech mogul promised to form a new political party if Trump's megabill passed Congress
-
Judge blocks Trump's asylum ban at US border
Speed Read The president violated federal law by shutting down the US-Mexico border to asylum seekers, said the ruling