Legal Challenge Led by 26 State Governors Blocks Obama Immigration Order

HOT TOPICS ▶ Honduras Elections     Target: Iran     The Real Baltimore     Reality Asserts Itself     United Kingdom    

  November 11, 2015

Legal Challenge Led by 26 State Governors Blocks Obama Immigration Order

Salvador Sarmiento, Legislative Director of the National Day Laborer Organizing Network, says President Obama has numerous options to pursue reform and halt mass deportations beyond appealing the decision
Members don't see ads. If you are a member, and you're seeing this appeal, click here


Share to Facebook Share to Twitter

I support The Real News Network because it cured my vertigo from all the spinning by Fox and MSNBC. - David Pear
Log in and tell us why you support TRNN


SHARMINI PERIES, EXEC. PRODUCER, TRNN: Welcome to the Real News Network. I'm Sharmini Peries coming to you from Baltimore.

President Barack Obama's executive order that could have allowed millions of undocumented immigrants from being deported suffered a legal setback when the two-to-one decision came down in the Fifth Circuit Court of Appeals in New Orleans. The lawsuit claims that the president had overstepped his constitutional authority in the executive actions on immigration that may have provided deportation relief and work authorization for up to 5 million people. The decision upheld a May injunction, and the legal challenge was led by 26 Republican governor-led states, which is just over half of the country. Texas Attorney General Ken Paxton said in a statement, the ruling meant that Texas has secured an important victory to put a halt to the president's lawlessness.

Now joining us from Washington, DC to discuss the decision is Salvador Sarmiento. Salvador is the legislative director at the National Day Laborer's Organizing Network. Salvador, it's good to have you with us.

SALVADOR SARMIENTO: It's great to be on, thank you.

PERIES: Salvador, just give us your take on the decision and what this means to the community you represent.

SARMIENTO: Sure. I think, you know, the Fifth Circuit, we know, is the most conservative in the country. And with this decision it's definitely an obstacle. But really what we believe is that after this decision, the onus once again goes back to the president, to President Obama, to now take immediate action. And that starts with appealing the Fifth Circuit's decision.

PERIES: This is a second time around, Salvador. What's the next legal step available to President Obama?

SARMIENTO: Sure. The Fifth Circuit's decision can now be appealed to the Supreme Court. That was one of the big concerns, that while the Fifth Circuit delayed their decision, it was really closing the window in terms of how that, you know, for the Supreme Court to be able to hear this case and to be able to review it before the presidential election next year. And it looks like, with this decision happening now in early November, there is still a chance that if the president acts immediately and really pushes, that there's still a chance that this could be heard by the U.S. Supreme Court.

PERIES: Salvador, I find this rather frustrating, because in both presidential campaigns President Obama, in order to gain the new immigrant community's vote, he promised dramatic immigration reform. And here we are, almost eight years in, and very little has been done. And this executive order is really small. Even if it was successful, it's really a small measure. Your thoughts on that?

SARMIENTO: Right. I think we have been told, we the immigrant communities in the United States have been told for a long time that it was either immigration reform through Congress or nothing. Very similarly, some folks today would say that it's DAPA or nothing. And of course, both of those strategies are failed strategies, and we know that when we were pushing for the comprehensive immigration reform that there was already a lot that the president could have done earlier on to advance reform and to stop deportation. And today the same is the case. DAPA is just one of the actions taken last November from over half a dozen other executive actions that took place. And there's still a whole menu of items that the president could take action on.

And you know, as we're dealing in the coming six months, as part of this wave of anti-immigrant state-level legislation, which we've seen in North Carolina already passed, but it's coming down in Pennsylvania and Florida and Michigan. You know, there's a lot of things that the president can do now in addition to immediately appealing the DAPA decision that could really start to address the enormous deportation machinery that is still intact. And that includes, for example, a lot of programs that IS is still carrying out, trying to really impose themselves into local jails and entangle themselves with local law enforcement, still.

PERIES: And give us a sense of what he can do that is within his authority, without having to evoke any major legislative process at this time.

SARMIENTO: Sure. For example, there's still a, you know, Operation Streamline, which convicts people. It's kind of like a factory of criminalization. It's still operating in the southwest, in Arizona for example, violating people's due process every day of the week. IS continues to issue thousands of warrantless, unconstitutional detainer requests, asking local law enforcement to hold people without probable cause, without a judicial warrant. That is still happening regularly, and that is something that is happening under Obama's watch.

PERIES: All right, Salvador. I thank you so much for joining us today, and we'll keep a watch on this appeal as well as the issue. Thank you.

SARMIENTO: Thank you very much.

PERIES: And thank you for joining us on the Real News Network.


DISCLAIMER: Please note that transcripts for The Real News Network are typed from a recording of the program. TRNN cannot guarantee their complete accuracy.


Our automatic spam filter blocks comments with multiple links and multiple users using the same IP address. Please make thoughtful comments with minimal links using only one user name. If you think your comment has been mistakenly removed please email us at

latest stories

Are You Watching But Not Donating?
Undoing the New Deal: Truman Embraces the Cold War (pt4)
Virtually No Economist Believes the GOP Tax Bill Will Generate Growth
Baltimore Beat & TRNN: Why Baltimore? (2/4)
Nina Turner on Alabama Vote & Democratic Party Unity Reform Comission
Partisan Clash over Trump-Russia Probe Gets Messier
Honduras' Flawed Vote Recount: A Cover-Up for Fraud?
Jones Wins, Bannon Loses in Alabama Special Election
Racism and Trumpism in Alabama
Cities vs. Climate Change: Can Infrastructures Handle Extreme Weather?
Baltimore Beat & TRNN: Who's Your Audience? (1/4)
Can Pennsylvania Draw the Line on Partisan Gerrymandering?
Voter Suppression and Outright Fraud Continue to Plague Alabama
Forced Privatization of The Greek Port of Piraeus, One Year Later
Venezuela's Opposition Sidelines Itself in Municipal Elections
Media or Cult? CNN Buries a Massive Russiagate Gaffe
Undoing the New Deal: Roosevelt Created A Social Safety Net, Not Socialism (pt3)
Nina Turner On Transforming the Democratic Party From the Inside
DNC's Unity Commission Further Dividing the Party
Pressure Mounts On Doug Jones To Pull Off Upset in Alabama Senate Race
Grave Concerns: Will Detective Suiter's Death Bring Commissioner Davis Down?
The Death of Detective Sean Suiter: How Deep Does the Corruption Go?
America's Most Reactionary President Visits Its Most Radical City
The Only Peace Process is Palestinian Freedom
A Chicago Alderman Introduced A Water Affordability Ordinance. Does Baltimore Need One Too?
State of Emergency Declared in Southern California
Can Mindfulness Help the Resistance?
To Fight Crime We Must Address Root Causes, Says Mayor of Compton, CA
Children's Health Insurance Program to Expire Under GOP Tax Bill
Hariri's Unresignation is Saudi's Latest Failure,, The Real News Network, Real News Network, The Real News, Real News, Real News For Real People, IWT are trademarks and service marks of Independent World Television inc. "The Real News" is the flagship show of IWT and The Real News Network.

All original content on this site is copyright of The Real News Network. Click here for more

Problems with this site? Please let us know

Web Design, Web Development and Managed Hosting