Yesterday, lawyers for the Justice Department filed an emergency motion to lift the injunction blocking the President Immigration Action because it violates the separation of powers under the U.S. Constitution. In the legal brief, lawyers for the Justice Department argue that the injunction by Judge Hanen “offends basic separation-of-powers principles, impinging on core executive functions concerning the exercise of discretion in the complex task of enforcing the immigration laws.” Since it is unlikely that the objections by the Justice Department will persuade Judge Hanen to lift his injunction on the President Immigration Action and allow the immigration programs to move forward, the government’s lawyers also filed a notice that they would appeal the judge’s overall ruling at the appeals court. (more…)
“This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately is going to be lawful, and I’m confident that it is well within my authority.” – stated President Obama confident on immigration, after a federal judge in Texas ordered a halt to the president’s executive actions on immigration. President Obama confident on Immigration is defiant: “I think that the law is on our side and history is on our side, we are going to appeal it.”
A federal judge in Texas, Andrew S. Hanen of Federal District Court in Brownsville, has issued a temporary injunction on implementation of President Obama’s executive actions on immigration – the expanded deferred action for young immigrants was slated to start tomorrow, February 18, 2015. The Federal Judge Stalls Obama Immigration Executive Action as a result of 26 states (including Texas) claiming they will “suffer irreparable harm in this case.” (more…)
Immigrants are bracing this week for a showdown between the Federal Court and President Obama’s administration in a pending lawsuit blocks Obama immigration action. Twenty-five states have joined the State of Texas in lawsuit blocks Obama immigration action claiming his executive action on immigration was unconstitutional. This is a classic case of judge shopping as the case was filed in Texas’s conservative-leaning Brownsville district with Judge Andrew Hanen presiding, who is a staunch critic of the Obama administration’s immigration policies. If Judge Hanen decides (more…)
President Obama expanded deportation protection and issuance of work permit to DACA young immigrants who have no legal status in the U.S., entered the U.S. before age 16, lived in the U.S. since January 1, 2010, are in school or have H.S./GED degree, are of any age and have no felony or significant misdemeanors. DACA young immigrants can start submitting their applications for a work permit and deportation protection on February 18, 2015. If you need assistance on preparing and filing your DACA young immigrants petition, the Gail Law Firm can help you. Call our office at 1-877-GAIL-LAW or 407-292-7730. (more…)
Immigration Lawyer Gail Seeram fights deportation cases for her clients and is supportive of President Obama’s executive action granting deportation protection to nearly 4 million undocumented immigrants. Last November, President Obama issued an executive order to give deportation protection to immigrants who enter under age 16, immigrant parents of U.S. citizens, expanded who can apply for the provisional waiver for unlawful presence and increased employment and investment opportunities for immigrants. A federal lawsuit was filed (more…)
During President Obama’s address to the nation, he stated we have a tradition of welcoming immigrants. His speech and executive action was prompted by 500+ days of inaction by the Republican House of Representative on an immigration bill already passed by the Senate. In referring to the executive order he will sign, he stated “this is about who we are as a country…working hard…and keeping families together.”
Republicans may block Obama immigration order by passing a resolution denouncing the president’s action and then vote to censure him or sue over the legality of the executive action. Opponents have mentioned an appropriations bill to stop spending for this executive order but U.S. Department of Homeland Security is self-funded by application fees and does not rely on Congressional spending. Republicans need to be cautious that whatever action they choose to take, it does not alienate them from Latino and minority voters.
Deportation Protection for Parents & Children: Obama immigration order offers two deferred action (or protection from deportation) initiatives that will benefit 4.4 million undocumented immigrants. First, undocumented parents of U.S. citizens and legal permanent residents will be granted three years of deportation relief. To qualify, they must have lived in the United States since 1/1/2010, pass background checks and pay taxes. Application for Deferred Action for Parents (DAP) will be released and accepted in 180 days.
In 2012, Obama immigration order to help immigrant children was implemented and many immigrant children continue to benefit from Deferred Action for Childhood Arrivals (DACA). Obama will revise DACA to eliminate the age restriction, (more…)