The president’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) is the most extraordinary display of presidential lawlessness in recent memory. On Monday, the Fifth Circuit Court of Appeals rightly blocked that lawlessness from proceeding further.
Last November, President Obama announced that he would be halting enforcement of congressional statutes for certain illegal immigrants residing in the United States — some 5 to 6 million, by most estimates — and extending to them work permits, among a number of other benefits. He justified this politically as a necessary response to congressional inaction, and legally as “prosecutorial discretion.”
It was neither, as Texas federal judge Andrew Hanen made clear in February, when he granted an injunction blocking implementation of the action to Texas and 25 other states, which had sued the administration. The president “is not just rewriting the laws,” Hanen wrote; “he is creating them from scratch.” The Obama administration appealed to the Fifth Circuit to stay the injunction, but in May, a three-judge panel refused.