An attorney working for the no-nonsense conservative Arizona Sheriff Joe Arpaio made a filing with the same federal judge who ordered the halting of President Obama’s executive amnesty power grab. The attorney is asking for a public hearing to get to the bottom of why the Obama White House is refusing to comply with his order to follow the Constitution….
A notice and recommendation was filed Friday in the Texas case, which was brought by 26 states, by attorney Larry Klayman of Freedom Watch on behalf of Arpaio, who has his own lawsuit against Obama over amnesty but joined the Texas case in a friend-of-the-court filing.
“Several reports indicate that the executive branch under the Obama administration has not complied with this court’s temporary injunction, but continues full-speed to implement a grant of amnesty and related benefits to approximately 5 million citizens of foreign countries who are illegally in the United States under the defendants’ November 20, 2014, executive action programs implemented by several memoranda issued by Secretary of Homeland Security Jeh Johnson,” the filing explains.
The suggestion is accompanied by a motion seeking “further leave” of the court to file the request.
It explains: “If the defendants have in fact halted implementation of the programs in compliance with the court’s temporary injunction, the opportunity to assure the court and other observers of this may be afforded by the court asking for a response on whether the reports of continued implementation are accurate and whether the injunction is being complied with.”
From The Political Insider –
Bit by bit, the federal judiciary is tearing out the legal ground from under “America’s toughest sheriff.
First, a federal appeals court said it was illegal to deny bail to immigrants in the country illegally. Then, on Monday, an Arizona federal judge blasted a state law that stretched the crime of identity theft to include everyone from forgers to people simply seeking employment without valid documentation.
Maricopa County Sheriff Joe Arpaio was using that law to justify workplace raids, more than 80 since the Arizona Legislature passed the law in 2008. Those raids rolled up nearly 800 men and women, charged with felonies for seeking employment while they were in the country illegally. It was unclear how many of them were convicted or deported.
But federal law explicitly says seeking employment is not a crime, no matter a person’s immigration status. A group of immigration rights organizations sued Arizona, the county and Arpaio.
On Monday, the plaintiffs prevailed, at least for now.
Number of immigrants deported from U.S. dropped sharply in the last year.
U.S. District Judge David G. Campbell in Phoenix ordered an immediate halt to the state’s enforcement of identity theft laws that penalize immigrants in the country illegally for seeking employment. Campbell said the Arizona law is at odds with corresponding federal statutes.
“These laws were one piece of a tool kit that Sheriff Arpaio used to terrorize immigrant communities,” said plaintiff’s attorney Jessica Karp, “and that tool kit is being taken apart.”
By Nigel Duara – Los Angeles Times –
Less than two hours after Barack Obama announced a solo move to protect millions of illegal aliens from deportation, Maricopa County Sheriff Joe Arpaio took him to court to have the Constitution upheld.
A lawsuit filed by attorney Larry Klayman of Freedom Watch named Obama and Homeland Security Secretary Jeh Johnson, Immigration Services chief Leon Rodriquez and Attorney General Eric Holder as defendants in an action that seeks to avoid “irreversible harm” from Obama’s actions because they will “encourage[e] more illegal aliens to enter the country unlawfully…”
The complaint, filed in the U.S. District Court for the District of Columbia, seeks, among other things, a “permanent injunction declaring the amnesty programs to be unlawful.”
Arpaio, who has been at odds with the Obama administration a number of times, released a statement:
“This unconstitutional act by the president will have a serious
detrimental impact on my carrying out the duties and responsibilities for which I am encharged as sheriff,” he said “Specifically, it will severely strain our resources, both in manpower and financially, necessary to protect the citizens I was elected to serve. For instance, 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.”
He continued, “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 Bob Unruh – WND.com –