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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, July 10, 2015

Appeals Court to Again Consider Obama Immigrant Deportation Policy

Wall Street Journal
By Nathan Coppel and Miriam Jordan
July 9, 2015

The Obama administration on Friday will make another attempt to persuade a federal appeals court to let it move forward with its plan to defer deportations for millions of undocumented immigrants.

If the Fifth U.S. Circuit Court of Appeals doesn’t overturn a ruling by a lower-court judge, the immigration initiative could remain mired in a legal dispute beyond President Barack Obama’s term in office.

Leaders from Texas and 25 other largely Republican states have challenged the legality of Mr. Obama’s executive immigration action, announced in November, alleging that it represented an unconstitutional overreach of presidential power because it took place without approval from Congress.

The Justice Department has countered that the president was within his authority, and leaders in more than a dozen mostly Democratic states, as well as dozens of cities including Los Angeles and New York, have filed briefs supporting the administration.

But U.S. District Judge Andrew Hanen, based in Brownsville, Texas, temporarily blocked the immigration plan in February, and it has been effectively stalled since.

On Friday, the Fifth Circuit Court of Appeals, in New Orleans, will hear oral arguments on whether Judge Hanen’s block should stand. The administration contends that the law grants the executive branch the prosecutorial discretion to prioritize who should be removed from the country. It also claims that the states lack legal standing to challenge its immigration program.

But the administration faces long odds in the Fifth Circuit. In May, a three-judge panel of the court denied the administration’s request to stay Judge Hanen’s injunction while the two sides continued to battle it out in court, concluding in a 2-1 ruling that “the government is unlikely to succeed on the merits of its appeal.”

The two Fifth Circuit judges who sided against the administration in May, Republican appointees Jerry E. Smith and Jennifer Walker Elrod, are among the three judges who will consider the follow-up appeal. They will be joined by Carolyn Dineen King, who was appointed by Democratic President Jimmy Carter and is new to the case.

Legal experts said the case likely will wind up before the Supreme Court and could ultimately land back in Judge Hanen’s court.

“A trial of this magnitude could drag out well beyond the president’s tenure,” said Dale Wilcox, executive director of the Immigration Reform Law Institute, which opposes the immigration program.

For immigrants set to receive deferred deportations an additional delay would be painful, said Shoba Wadhia, who teaches immigration law at Penn State Law School and believes the immigration program rests on solid legal ground.

“There are many families facing deportation who were relying on the president’s deferred-action program and have been left feeling even more vulnerable and confused about the future,” she said.

Ahead of Friday’s hearing, pro-immigrant activists from across the country descended on New Orleans for what is expected to be the biggest demonstration since the president’s plan landed in court.

“In New Orleans I am representing my family and millions of other families in the same situation,” said Elizabeth Rodriguez, 26, who traveled to the city from Los Angeles. She said that she and her three siblings were born in the U.S. and attend college, but their father has been in the country for three decades without legal status.

Advocates said they want to remind 2016 presidential contenders that many U.S.-born children of illegal immigrants will be eligible to vote for the first time in the next election.


“We have been mobilizing our communities to ensure we send a strong message to Democrats, Republicans and the country that we are going to fight,” said Cristina Jimenez, managing director of United We Dream, which represents undocumented youth.

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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