Washington, DC – On news this evening that the U.S. Court of Appeals for the Fifth Circuit has issued a ruling upholding a District Court’s injunction against President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, Constitutional Accountability Center issued the following reaction:

“While tonight’s disappointing ruling is hardly unexpected,” said CAC Chief Counsel Elizabeth Wydra, “it is important that the Fifth Circuit finally issued its ruling in time for the Supreme Court to grant review during the current Term.”

“After a flawed procedural ruling earlier this year, the panel majority shows that it continues to misunderstand both the President’s immigration initiative and the role of the President in enforcing immigration law,” said CAC Appellate Counsel Brianne Gorod. “With its immigration action, the Obama Administration was simply doing what the executive branch does all the time – determining how best to enforce the nation’s laws – and following the same approach as Presidents from both parties.  

“The Supreme Court recognized just three and a half years ago that a ‘principal feature of the removal system is the broad discretion exercised by immigration officials,’ including ‘whether it makes sense to pursue removal at all.’  The Supreme Court should reaffirm that principle, recognizing that the President’s immigration initiative is simply an exercise of that lawful discretion, and allow the program to be implemented immediately.”

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Resources:

CAC’s “friend of the court” brief in Texas v. U.S. on behalf of a bipartisan group of former members of Congress, urging the court of appeals to lift the injunction and allow DAPA to proceed: http://theusconstitution.org/sites/default/files/briefs/Texas_v_United_States_Amicus_Brief.pdf

“Time for the Fifth Circuit to rule,” Brianne Gorod, The Hill, October 21, 2015: http://thehill.com/blogs/congress-blog/judicial/257487-time-for-the-fifth-circuit-to-rule

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Constitutional Accountability Center (www.theusconstitution.org) is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history.

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