For
Immediate Release
February 17, 2015
Washington D.C. - Late last night, a Texas judge issued a preliminary
injunction that temporarily blocks the implementation of President Obama’s new
deferred action initiatives. These initiatives, announced last November,
came in response to more than 10 years of political stalemates and failure by
Congress to address America’s broken immigration system and alleviate the pain
endured by millions of families around the country. The President’s
announced initiatives will provide temporary relief from deportation to
approximately 5 million undocumented immigrants currently living in the United
States.
The new deferred action initiatives,
which include Deferred Action for Parents of Americans and Lawful Permanent
Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals
(DACA), are based on the well-established authority of Presidents and other
executive branch officers to allocate and prioritize finite enforcement
resources. This practice is used by prosecutors and other law enforcement
personnel on daily basis. The judge’s order, issued just
two days before the government was set to begin the DACA expansion, bars
federal immigration officials from implementing “any and all aspects” of the
new deferred action initiatives.
The following is a statement by
Melissa Crow, Legal Director at the American Immigration Council:
“Today’s decision is only the first
round in what will clearly be a much longer legal battle. Already, the White
House has promised that the Justice Department will appeal the judge’s
decision, and we urge them to do so in an expedited manner. We expect higher
courts to overturn the judge’s decision based on well-established precedent.
“Today’s decision is more rooted in
political rhetoric than legal rationales. It relies on a distorted view of
overwhelming evidence of the economic benefits of immigration
and ignores Supreme Court precedent. It also discounts a long history of
recourse to prosecutorial discretion, which has been exercised by every President since Eisenhower. The
decision relies on a technical violation of the Administrative Procedure Act
(APA) to find that the Administration did not follow proper procedures, while
ignoring the fact that the President’s deferred action initiatives are not
subject to the APA. While the decision will unfortunately delay critical
efforts to address our broken immigration system, the need and the demand for
reform has never been greater. We remain confident that it is a question
of when, not if, these programs will take effect."
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