GOP lawmaker says Obama will lose immigration appeal
© Greg Nash

Rep. Ted PoeLloyd (Ted) Theodore PoeSenate Dem to reintroduce bill with new name after 'My Little Pony' confusion Texas New Members 2019 Cook shifts two House GOP seats closer to Dem column MORE (R-Texas) on Friday said President Obama would lose his appeal with a federal judge in Texas over his executive orders on immigration.

“I think the President of the United States is going to lose again,” Poe said of the Obama administration’s appeal on Newsmax TV’s “America’s Forum.” 

“The federal judge — let’s be clear about that, it’s a federal judge, not a state judge — said that the administration’s action of legalizing basically 5 million people was so egregious that he had to order an injunction to prevent that executive action from taking place, because it violated the law and technically he didn’t get to the issue of constitutionality.”

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The Department of Justice on Thursday asked a federal appeals court to lift U.S. District Judge Andrew Hanen’s block of the orders he issued on Feb. 16.

If removed, Obama’s actions would then shield millions of illegal immigrants from deportation and expand their access to work permits.

The DOJ’s move shows White House impatience on implementing the orders. The Department of Homeland Security (DHS) was preparing to enact them last month when Hanen issued his ruling.

The administration’s appeal transfers the case to the 5th Circuit Court of Appeals in New Orleans. It is also the next step toward the potentially landmark case reaching the Supreme Court.

At issue is whether Obama’s orders are constitutional. Texas is one of 25 states that sued the White House over the measures.

The DOJ will argue in its appeal that Hanen’s ruling has impact outside his jurisdiction. The judge’s decision last month expands beyond the 26 states in the suit and takes effect nationwide.

Poe, a former criminal court judge, said on Friday the DOJ’s strategy is not likely to sway the 5th Circuit Court in New Orleans.

“Our defense, the state of Texas’ defense, and the 25 states’ defense … is, ‘Hey, that’s ridiculous’ because people move across state lines and so if you allow it for the people in these other states, those people will end up coming to the 25 states that have sued the president,” he said.

Hanen’s court will not consider lifting the delay until a hearing Thursday. Poe said he thus expects a final verdict on Obama’s executive orders is still far away.

“The best thing so far is that the injunction has been implemented and the process, the court process, as everybody in this country knows, takes a long time,” he said. “So we’re talking about months from now before any ruling by a higher court.”