On Friday, the U.S. Court of Appeals for the D.C. Circuit Panel dismissed the lawsuit filed by Sheriff Joe Arpaio over deportation relief regulations enforced by President Obama.
The judge panel, composed of two Obama-appointed judges and one George W. Bush-appointed judge, upheld the previous decision of a lower court. According to both decisions, Sheriff Joe Arpaio’s claim that immigrant policy is unconstitutional does not hold.
Mr. Arpaio is the Sheriff of the Maricopa County. In this capacity he argued that the Obama-backed policies concerning undocumented immigration policy and deportation are harmful for the county he oversees, as suspending deportation in certain cases results in the increase of undocumented immigrants, a higher crime rate and thus more persons found in the county’s jail.
Represented by lawyer Larry Klayman, Sheriff Arpaio tried to prove that since the enforcement of DACA – Deferred Action for Childhood Arrivals, in 2012, the implications above were already felt in the Maricopa County. With the arrival of DAPA – Deferred Action for Parents of Americans and Lawful Permanent Residents, the intensity of the claims increased.
Nonetheless, DAPA is blocked from entering into force pending the resolution of a lawsuits involving 26 states across the U.S. that claim the unconstitutionality of the program.
Sheriff Arpaio’s lawsuit found its end so far with the decision of the U.S. Court of Appeals for the D.C. Circuit Panel.
Judge Nina Pillard sustained that Mr. Arpaio:
“has failed to allege an injury that is both fairly traceable to the deferred action policies and redressable by enjoining them”.
Judge Pillard also sustained that the claim according to which blocking deportations leads to higher crime rates was
Despite the unanimous character of the decision, one judge insisted on writing a separate note that stated the decision of the U.S. Appeal Court for the D.C. is not an endorsement for the constitutionality of either Obama-backed programs concerning immigrants and their children.
Immigrants rights activist groups were happy with the decision, claiming that the programs developed and sanctioned by the President are constitutional and do benefit millions of immigrants.
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