David Yates Nov. 10, 2015, 9:50am


In May, the U.S. Court of Appeals for the Fifth Circuit denied the Obama Administration’s motion for an emergency stay on an injunction halting the president’s executive amnesty order.

On Nov. 9 the federal court upheld the injunction blocking its implementation until the case goes to trial.

"The court's decision is a vindication for the Rule of Law and the Constitution," said Gov. Greg Abbott. "The President's job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today."

On Feb. 16, a federal judge in Brownsville halted President Barack Obama’s executive action on immigration, provoking the administration to call upon the Fifth Circuit.

Abbott, while he was still attorney general, filed the original proceedings Dec. 3 in the U.S. Court for the Southern District, Texas-Brownsville Division. Since then, more than half the states in the union joined the Texas-led lawsuit challenging Obama’s Nov. 20, 2014, amnesty order.

The states sought to enjoin the U.S. and Department of Homeland Security to prevent the implementation of “Deferred Action for Parents of Americans and Lawful Permanent Residents” – a program designed to enable millions of illegal immigrants to obtain a variety of both state and federal benefits.

Texas and its allies had argued the expense of granting legal status to millions of undocumented immigrants would place an undue financial burden on states.

“The Fifth Circuit asserted that the separation of powers remains the law of the land, and the president must follow the rule of law, just like everybody else,” said Attorney General Ken Paxton. “Throughout this process, the Obama Administration has aggressively disregarded the constitutional limits on executive power, and Texas, leading a charge of 26 states, has secured an important victory to put a halt to the president’s lawlessness.

Joining Texas in the lawsuit are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.

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