The Fifth Circuit Court of Appeals on Tuesday denied a request by the Obama Administration to implement its unconstitutional executive amnesty plan. Congressman Gary Palmer (AL-06) released the following statement.
"There are three coequal branches of government, not the executive and two subservient bodies. The Fifth Circuit opinion is about more than immigration policy. It reigns in the abuse of executive power, and tells the Obama Administration, and administrations to come, that overreaching executive orders cannot circumvent the authority to the Congress.
"This opinion, without question, affirms the constitutional separation of powers and the principle that legislative authority resides with the Congress. The President does not have the authority to make laws on immigration, or any other matter, and must not be allowed to abuse his authority."
The President's executive order would have granted amnesty to millions of illegal immigrants and provided them access to government benefits like social security, tax credits and driver's license. Alabama joined Texas and 26 other states in opposing the President's unconstitutional act.
While this opinion only upholds a preliminary injunction, courts have repeatedly said that a preliminary injunction is only granted or upheld when one party has a high likelihood of success on the merits of the case. Thus, final victory for those challenging the order is likely.