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The Fifth Circuit Court of Appeals has rejected the Obama administration’s request that it be allowed to go forward with its scheme to amnesty several million illegal aliens without Congress’s permission.
Twenty-six states, led by Texas, sued to stop the president’s plans, which he announced in November, to issue work permits, Social Security numbers, driver’s licenses, and more to illegal immigrants who have U.S.-citizen or permanent-resident children.
In February, District Judge Andrew Hanen issued an injunction preventing the administration from going ahead with the amnesty until the issue had been fully adjudicated and it is that injunction which was kept in place by today’s Circuit Court ruling. The Justice Department could appeal this decision to the Supreme Court, though it hasn’t yet announced whether it will do so.
This ruling (unless it’s overturned by the Supreme Court) means that if the underlying lawsuit about the legality of Obama’s edicts goes Texas’s way, it won’t be a moot point. In other words, if millions of illegal aliens had been issued work permits, Social Security numbers, etc., the likelihood those would be taken away if the program is eventually ruled illegal is pretty small.
Because the underlying case about the program’s legality will also go through multiple appeals, it’s entirely possible there won’t be a final decision before January 20, 2017. That means two things: Opponents of Obama’s lawless edicts may only have to run out the clock to stop them, assuming a Republican is elected next November. And second, Hillary is going to make this a major theme of her campaign, which was already clear from her statement a few weeks ago that she’d go even farther than Obama in issuing unilateral amnesty decrees. No doubt she made the assertion to shore up her left flank, but it could come back to haunt her if a skillful Republican candidate can use it as yet one more example of her contempt for law.
I know — “skillful Republican candidate” may be an oxymoron.