5th Circ. Dissent Targets Politics Of Obama Immigration Suit

Law360, New York (May 27, 2015, 9:51 PM EDT) -- While a Fifth Circuit panel declined to stay a block on the president's immigration executive actions Tuesday, Judge Stephen Higginson's dissent laid bare the political nature of the dispute, highlighted the lack of evidence in the case and pointed to key precedent that may provoke an en banc review, according to attorneys.

In a 2-1 decision authored by Circuit Judge Jerry Smith, the panel refused to pause a Texas court's injunction on two major immigration policies created by President Barack Obama's executive actions: the expansion of the Deferred Action for Childhood Arrivals program and the formation of a similar program for...

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