The Fifth Circuit Court of Appeals upheld a district court judge’s injunction against President Obama’s executive action. That all but officially finishes President Obama’s executive actions on immigration. Though this isn’t surprising to anyone with a basic understanding of the US Constitution, it’s still major setback for illegal immigration activists.
It isn’t surprising that the Obama administration lost this appeal. They essentially argued that the states didn’t have standing to file the lawsuit. That tactic was flimsy at best. Locus standi is defined as “the party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the “something to lose” doctrine, in which the party has standing because they directly will be harmed by the conditions for which they are asking the court for relief.”
The 26 states that filed the lawsuit argued that President Obama’s executive action would have a direct negative impact on their states’ budgets, especially their education, health care and welfare budgets. Technically, the administration has the option of appealing this to the Supreme Court. It’s highly unlikely that the Supreme Court would hear the case before next November’s election, much less rule on it before the presidential election.
If the Supreme Court accepted the case and heard it, it isn’t likely that the Supreme Court would rule in President Obama’s favor because Congress, not the President, sets immigration policy. That didn’t prevent a liberal judge from disagreeing with the majority opinion:
In a 53-page dissent, Judge Carolyn Dineen King said the administration was within the law, casting the decision to defer action on some deportations as “quintessential exercises of prosecutorial discretion,” and noting that the Department of Homeland Security has limited resources.
Article I, Section 8 of the Constitution gives Congress the authority “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; to borrow money on the credit of the United States; to regulate commerce with foreign nations, and among the several states, and with the Indian tribes; to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States…”
Simply put, the legislative branch, not the executive branch, has the authority to “establish uniform rules of naturalization.” Whatever President Obama’s motivations were for signing his executive action, they fell outside the authority of the executive branch.
Finally, nothing will happen with immigration policy until the American people are convinced that the US-Mexican border is shut to illegal immigration. If Democrats insist on doing a comprehensive bill that supposedly fixes all of the problems, they’ll be exposed as not listening to the American people.