In the first of what is believed to be many court battles over the lawlessness of Barack Obama’s Executive Amnesty, which he has yet to actually write, Sheriff Maricopa County Sheriff Joe Arpaio scored a victory. The judge in the case ruled in Arpaio’s favor and put case arguments and hearings on a fast track, in spite of Obama Justice Department attorneys asking until the end of January to submit their initial response.
According to the complaint filed by attorney Larry Klayman on behalf of Arpaio, “This unconstitutional act will have a serious detrimental impact. Specifically, it will severely strain our resources. Among the many negative [e]ffects of this executive order, will be the increased release of criminal aliens back onto streets of Maricopa County, Arizona, and the rest of the nation.”
U.S. District Judge Beryl A. Howell in Washington, D.C., granted a motion by Arpaio’s attorney, Larry Klayman of FreedomWatch, to move things along quickly.
Howell ordered Obama to respond to Arpaio’s motion for a preliminary injunction – to protect the U.S. while the court considers the constitutionality of Obama’s actions – by Dec. 15. A full preliminary injunction hearing is set for Dec. 22.
Arpaio was the first to file a complaint regarding the immigration actions Obama announced to the nation Nov. 20, which effectively granted amnesty to up to 5 million illegal aliens by delaying deportation.
“We are very pleased that Judge Howell has ordered an expedited hearing on our motion for preliminary injunction which asks to preserve the status quo and stop the implementation of President Obama’s executive order,” Klayman said. “The executive order violates the Constitution, as it seeks to circumvent the powers which the Framers delegated to Congress.”
Klayman argued Obama’s executive action “thwarts Sheriff Arpaio’s duties and responsibilities as the chief law enforcement officer of Maricopa County, Arizona.”
DOJ attorneys Adam Kirschner and Brad Cohen argued that they needed more time because of Christmas holidays approaching.
While Klayman acknowledged that Obama’s promised executive action on amnesty for illegal aliens had not been signed, he pointed to the fact that both federal programs and procedures were being altered in order to comply with his amnesty agenda.
Klayman wrote that Obama’s amnesty plan “orders direct DHS personnel including the Customs and Border Protection (CBP) and ICE to immediately suspend enforcement of immigration laws with regard to any who appear to be eligible for the new deferred action programs, even though such persons might not yet be able to apply for formal recognition.”
….Arpaio, who has been openly saying that Barack Obama is a threat to national security and is an aggressor who is attacking America, released a statement in which he said that his actions were to have the Obama administration and federal agencies obey the law.
“I am not seeking to myself enforce the immigration laws as this is the province of the federal government. Rather, I am seeking to have the president and the other defendants obey the U.S. Constitution, which prevents this executive order from having been issued in the first place. This unconstitutional act must be enjoined by a court of law on behalf of not just myself, but all of the American people.”
By Tim Brown – Freedom Outpost –