5th circuit upholds amnesty injunction

This quote leaped out at me from early in the decision, referring to the consequences of allowing an illegal alien to remain lawfully within the United States:

5th Circuit DecisionThat designation makes aliens who were not otherwise qualified for most federal public benefits eligible for “social security retirement benefits, social security disability benefits, [and] health insurance under Part A of the Medicare program.”

Further, “[e]ach person who applies for deferred action pursuant to the [DAPA] criteria . . . shall also be eligible to apply for work authorization for the [renewable three-year] period of deferred action.” “An alien with work authorization may obtain a Social Security Number”; “accrue quarters of covered employment"; and "correct wage records to add prior covered employment within approximately three years of the year in which the wages were earned or in limited circumstances thereafter."

This is a victory, but it's only a temporary victory. The nature of an injunction like this depends on the results of the final case, and while granting an injunction usually indicates a likelihood of success on the merits, there is still a lot of lawyering to do including the possibility of a Supreme Court appeal on the injunction itself even before the merits of the case are considered.

So take this as a good sign, not a final decision.

Read the full 68 page decision.

UPDATE: Obama will not appeal to the Supreme Court. That means no amnesty -- assuming the lawyers aren't misleading the judge again -- until a full decision on the merits.

UPDATE: But he will appeal to the 5th Circuit en banc. And remember, he's had years to stuff the courts with his appointees, so an en banc hearing probably favors Obama more than the Supreme Court.

This entry was published Tue May 26 15:23:34 CDT 2015 by TriggerFinger and last updated 2015-05-28 21:43:22.0. [Tweet]

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