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 By a 2-1 vote that could pave the way to a Supreme Court ruling,
the judges from the 5th U.S. Circuit Court of Appeals in New Orleans
ruled that Obama's executive action should remain on hold pending
further judicial proceedings.
The decision further delays Obama's immigration order, which was
first blocked by a Brownsville, Texas lower court judge in February.
The plaintiffs, all states led by Republican governors, said the
federal government exceeded its authority in demanding whole
categories of immigrants be protected.
Democrat Obama's administration has said it is within its rights to
ask the Department of Homeland Security to use discretion before
deporting nonviolent migrants with U.S. family ties.
But the judges' opinion said the approval rate of Obama's earlier
executive action on immigration, aimed at people brought into the
United States as children, was too high to reflect true discretion.
The case has become the focal point of Obama's efforts to change
U.S. immigration policy.
Seeing no progress on legislative reform in Congress, Obama
announced in November he would take executive action to help
immigrants. He has since faced criticism from Republicans who say
the program grants amnesty to lawbreakers.
On Tuesday, Texas Governor Greg Abbott said in a statement, "The
President’s attempt to bypass the will of the American people was
successfully checked again today."
The White House said the two appeals court judges who ruled against
the administration chose to "misinterpret the facts and the law."
"The president's actions... are squarely within the bounds of his
authority and they are the right thing to do for the country," White
House spokeswoman Brandi Hoffine said.
The U.S. Department of Justice was evaluating the ruling and
considering next steps, a U.S. official said.
The 5th Circuit will rule again in the coming months on whether the
Obama administration can appeal the block to the executive order.
That decision may be made by a new panel of judges and will take
into account more evidence.
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Immigration advocates have been wary of the prospect that the 5th
Circuit, known as one of the most conservative in the nation, would
rule with the administration.
"We are disappointed, but this is not unexpected at all," Marielena
Hincapie, executive director of the National Immigration Law Center,
said on a conference call with reporters.
Hincapie said immigration advocates were still optimistic that the
executive order would prevail.
If the Obama administration is denied an appeal it may ask the
Supreme Court to consider the case, potentially delaying the start
of the immigration programs until June 2016, a politically sensitive
time in the run-up to the November presidential election.
"If the programs go into effect next June, there will be real
electoral consequences," said Marshall Fitz, vice president of
immigration policy at left-leaning Washington think tank Center for
American Progress. "There is a clear contrast between (Democratic
front-runner Hillary) Clinton and any Republican in the current
field."
Clinton has said she would like to see Obama's action expanded to
shield even more immigrants from deportation.
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