A FEDERAL judge on Tuesday, Dec. 23, turned down an Arizona sheriff’s lawsuit claiming that President Barack Obama’s recently-announced executive action on immigration was unconstitutional.
US District Court Judge Beryl Howell for the District of Columbia said Maricopa County Sheriff Joe Arpaio did not possess sufficient legal standing in the case.
“The plaintiff must not only show that he is injured, but that the plaintiff’s injury is fairly traceable to the challenged deferred action programs and that the injury is capable of redress by this court in action,” Howell wrote in his decision.
Under Obama’s immigration plan, which was announced in November, up to 5 million undocumented immigrants would be shielded from deportation for three years at a time. The policy would apply to those who have been in the United States for more than five years and those who have children that are US citizens or legal residents. Immigrants would also have to pass a criminal background check and must pay their “fair share of taxes.”
White House spokesman Eric Schultz said the court’s ruling on the case was the right decision.
“Judge Howell’s decision today confirms what the Department of Justice and scholars throughout the country have been saying all along: the president’s executive actions on immigration are lawful,” Schultz said. “The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws, and the actions announced by the president are consistent with those taken by administrations of both parties for the last half century.”
During arguments held on Monday, Dec. 22, Arpaio’s attorney, Larry Klayman, said Obama’s plan to grant amnesty to approximately 5 million undocumented immigrants would allow more to enter the country illegally. This would take a toll on law enforcement because some become criminals, he said.
“It’s not policy, he’s creating law and he cannot do that under the U.S. Constitution,” Klayman said of the president.
The Arizona police chief also cited that in 2014, 35 percent of undocumented immigrants living in Maricopa County who entered into his jails were repeat offenders. This fact highlighted Arpaio’s perspective that federal officials have done poorly in deporting criminals.
Justice Department attorney Kathleen Hartnett, during arguments held on Monday, Dec. 22, said that the lawsuit appeared to be more of a “political dispute” rather than a legal matter on which the court could decide.
Howell echoed Hartnett’s position.
“The plaintiff’s case raises important questions regarding the impact of illegal immigration on this nation, but the questions amount to generalized grievances which are not proper for the judiciary to address,” he wrote in the ruling.
Another lawsuit was against Obama’s executive order on immigration by 24 states. It alleges the president overstepped his constitutional powers and that his actions would exacerbate humanitarian issues facing America’s southern border.
The lawsuit is currently pending.
(With reports from Associated Press and Reuters)
(www.asianjournal.com)
(LA Weekend December 27-30, 2014 Sec. A pg.1)
