Judging by ideology
On Monday, the Fifth Circuit Appeals Court ruled to uphold the block on President Obama’s November 2014 executive action on immigration. The result of the ruling has long been a forgone conclusion, but the delay in issuing the ruling is raising eyebrows.
On Monday, the Fifth Circuit Appeals Court ruled to uphold the block on President Obama’s November 2014 executive action on immigration. In a move some consider purely ideological, the Republican governors and/or Attorneys General of 25 states immediately filed a lawsuit to block the two proposed deferred actions — one which would expand the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), both of which would have offered a reprieve from deportation to an estimated 4.9 million eligible undocumented immigrants.
The decision was split (two judges were in favor of upholding the injunction, one was opposed), which means it will likely be appealed to the U.S. Supreme Court.
But even in the ruling it is hard not to see ideology in play. The result of the ruling has long been a forgone conclusion, but the delay in issuing the ruling is raising eyebrows. If a petition to appeal the decision can be filed “asking (the Supreme Court) to hear the Fifth Circuit’s decision by the middle of this month, then it is possible that the case will be decided by the end of June,” reported Think Progress. If the appeal can’t be filed with enough time, “the Supreme Court’s resolution of the case would most likely wait until next June 2017 — months after President Obama leaves office.”
Tom Jawetz, vice president of immigration policy at the Center for American Progress, released this statement after Monday’s ruling:
“We are disappointed in today’s flawed decision by the 5th Circuit Court of Appeals, which leaves millions of American families in limbo and in continuing danger of being torn apart. The court’s decision to intervene in this politically motivated case ignores strong legal and historical precedent for the actions taken by the administration last November.”
Take a look at the faces of the photo that accompanies this. The teacher, Roque Pech, who would not be able to teach if not for DACA, and the students who might not be able to continue their educations without DACA or remain in intact families without DAPA. This is the part that both the originators of the injunction blocking DACA and DAPA and the judges ruling from some desire to ideologically assert states’ rights over federal ones never consider.
The real people. The real impact. The real futures poised precariously on the hope that — despite the machination and delay — it may not be too late for a future.