Texas judge's immigration rebuke may be hard to challenge

[Oldglory]

Originally Posted by freemkt

Seems to me that parents should never benefit from unlawful behavior, so yes, deport the parents.

The parents should take their minor children with them whether they are deemed citizens or not. That way there will be no crying about the separation of families nor will be have to continue to support them. No way as you said should the parents be allowed to stay here just because they gave birth on our soil.

The GOP hasn't stymied reform because what is being proposed is not reform but amnesty. I hope they continue to stick to their guns.

[prospectheightsresident]

This is an easy case. The executive branch has significant discretion in choosing which laws to enforce. But such discretion doesn't include the right to grant privileges/benefits to individuals in contravention of the law. The administration is arguing that its decision to grant work permits, etc. to the illegal immigrants affected by its "executive action" is in line with its rulemaking authority (and, note, under current case law, the executive has a lot of leeway to make rules implementing Federal law where the law in question is ambiguous), but there is no valid argument to suggest that the law is ambiguous and allow for such rules. Indeed, when the law requires that such illegal immigrants be deported, there is no reasonable interpretation that allows for the granting of benefits as the individuals should not be in the country to receive the benefits to begin with! The plaintiffs were smart to file this action in this particular district court/venue and seek an order with nationwide effect (most orders issued by Federal district court judges/court of appeals judges only apply to the jurisdiction of those courts, not nationwide) and in an appellate circuit that is very conservative. Thus, the chance for leftist judges doing everything in their power to uphold the executive amnesty decreases drastically here.