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ITHACA, N.Y. — Cornell University Law School professor Stephen Yale-Loehr, co-author of a 20-volume immigration law treatise, comments on the federal court of appeals decision last night that upheld a temporary injunction against implementation of President Obama’s November 2014 executive action on immigration, which was intended to granted certain immigrant children and parents a temporary reprieve from deportation:
“The Fifth Circuit’s 2-1 decision went further than the district court ruling that initially stopped President Obama’s executive immigration action. The appeals court held not just that the executive action failed to follow procedural formalities but that the administration lacked the legal authority for its actions. The majority held that the immigration statute doesn’t confer the power the administration is claiming.”
“That flies in the face of several Supreme Court precedents granting the executive branch broad, almost unlimited, power on immigration policy issues. That may make it more likely that the Supreme Court will want to hear the government’s almost certain appeal.”
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