TOPEKA – (November 10, 2015) – A federal appeals court yesterday sided with Kansas and 25 other states and left intact an injunction blocking the Obama administration’s “executive action” on immigration, Kansas Attorney General Derek Schmidt said.
The 5th Circuit Court of Appeals, based in New Orleans, affirmed a lower-court injunction that blocks the federal administration’s policy nationwide. The appeals court, by a 2-1 vote, concluded the “executive action” was ordered in violation of federal law, that the states challenging it are likely ultimately to succeed in their challenge, and that the unlawful federal action harms the states.
“This is a tremendous reaffirmation of the maxim that nobody, not even the President of the United States, is above the law,” Schmidt said. “We continue to believe the president’s so-called ‘executive action’ on immigration, launched over congressional opposition, violates federal law or the United States Constitution or both. So far, every court that has heard our case has reached the same conclusion.”
It is likely the federal government will seek U.S. Supreme Court review of the appeals court’s decision. A copy of the appeals court decision is available at http://1.usa.gov/1kJEpu2.