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Amnesty Blocked by a Tied Supreme Court, But Next President Will Decide Whether to Restart Itby KEN KLUKOWSKIBreitbart Jun. 23, 2016 |
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  WASHINGTON, D.C.--President Barack Obama's executive amnesty program for illegal aliens went down in flames Thursday when the U.S. Supreme Court deadlocked 4-4 on the case, leaving in place the lower court's decision striking down Obama's program. But a Hillary Clinton victory in November would mean that amnesty would return--and be upheld by a new Supreme Court. As Breitbart News has reported, in November 2014, Obama reversed his previous position that only Congress can change immigration law, declaring the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA), which granted amnesty to 4.5 million illegal aliens in the United States. Twenty-six states--a majority of the states in the Union--led by Texas, filed a lawsuit challenging the legality of this program. The U.S. Court of Appeals for the Fifth Circuit agreed with a federal trial court that Obama's program is illegal. The Fifth Circuit held that DAPA did not follow the Administration Procedure Act's (APA's) requirements for how the federal government creates rules and regulations that carry the force of law, and also that DAPA violated the Immigration and Nationality Act (INA), the federal law passed by Congress that sets forth who can immigrate into this country, and how they can become citizens. On April 18, the U.S. Supreme Court heard 90 minutes of legal arguments on this case, the details of which Breitbart News covered firsthand from the Court. On Thursday, the justices tied 4-4 in this historic case, handing down a one-sentence "per curiam" ("for the Court") order in United States v. Texas that read, "The judgment is affirmed by an equally divided Court." When the Supreme Court ties in a case, the lower court opinion is left in place. Therefore the Fifth Circuit's decision that DAPA is illegal is the law in 26 states. However, it also binds all the defendants in the case nationwide--which means that Attorney General Loretta Lynch, Homeland Security Secretary Jeh Johnson, Labor Secretary Thomas Perez, and all the other federal officials who run DAPA are forbidden from implementing the program anywhere in the nation. In other words, Obama's amnesty program is dead. Read More |
