When the federal government was formed, the Founders gave the power to make laws to Congress, not to a president wanting to impose his will on the nation.
President Obama was reminded of this fundamental truth on Monday when a federal appeals court rejected his attempt to grant amnesty to 5 million illegal immigrants.
The decision by the 5th U.S. Circuit Court of Appeals upheld a lower federal court’s injunction blocking the edict, which Obama said was his attempt to “change the law.”
Obama’s words from last November came back to haunt him and were cited Monday by federal Judge Jerry E. Smith, who said in the majority ruling that only Congress can revise the Immigration and Nationality Act (INA).
“The INA flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization,” Smith wrote.
“Today, the Fifth Circuit asserted that the separation of powers remains the law of the land, and the president must follow the rule of law, just like everybody else,” Texas Attorney General Ken Paxton said in a statement. “Throughout this process, the Obama Administration has aggressively disregarded the constitutional limits on executive power, and Texas, leading a charge of 26 states, has secured an important victory to put a halt to the president’s lawlessness.”
The ruling is likely to be appealed. Regardless of the outcome of any appeal, Obama’s executive order is unlikely to be implemented during his presidency.
Although Monday’s ruling does not mean illegal immigrants targeted by Obama’s amnesty will be deported, it does block any action to give them work permits, Social Security numbers and to promise them they will not be deported.
“The court’s decision is a vindication for the Rule of Law and the Constitution,” said Texas Governor Greg Abbott in a statement. “The President’s job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today.”
Texas was joined in the lawsuit by the states of Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.
h/t: Fox News