Sheriff Joe Arpaio of Arizona has appealed Judge Howell’s ruling and on May 4, 2015, a federal appeals panel will begin hearing arguments against President Obama’s executive decision on immigration.
Several months ago, Arpaio, with the support of Larry Klayman, who is a conservative legal activist, presented a legal challenge claiming that the President’s executive order went against the constitution and the laws of the country.
U.S. District Judge Beryl Howell, who presided over the hearing, dismissed the challenge and stressed that issues related to undocumented immigrants in the country should be dealt with by the policymakers in the capital. She added that the court system was designed to handle genuine and concrete cases where parties are aggrieved and concluded by saying that she did not see how the sheriff was personally harmed or affected by the President’s executive action.
In response, White House Spokesperson Eric Schultz said that the judge’s decision echoed the opinions of the Department of Justice and experts all over the country. Sheriff Arpaio’s case is only one of many that have been filed nationwide.
26 states, including Texas, are pursuing a lawsuit to prevent the implementation of Obama’s executive action. In fact, just last month, a Texas federal court judge placed a temporary hold on the President’s proposed changes, which were scheduled to go into effect on February 18, 2015.
While the Obama administration is dealing with a major legal snag in the implementation of changes to the existing immigration policy, the White House is convinced that in the end, the legislation will stand.
If the President’s efforts are successful, 4 million undocumented immigrants will be granted temporary legal status and protection from deportation. Many states contend that they will incur huge costs if this occurs since they will have to issue a massive quantity of driver’s licenses. They argue that these factors also result in “concrete injuries” and that since public interest is also a consideration, the executive action is illegal.
Sheriff Arpaio has spent his entire career supporting stricter, anti-immigration laws. Amongst them is “Papers Please,” which would essentially let law enforcement officials check the status of any person they suspected was in the country illegally. Officlas could base their suspicions based solely on the physical characteristics of a person, which many argue is nothing more than racism.
At Lyttle Law Firm, we share your concerns about the ever-changing immigration landscape here in Texas and nationwide. If you or any of your friends or loved ones need legal counsel or have questions we can be of assistance with, please do not hesitate to reach out.