Dear Editor,
An Appeals Court ruling in the US will have a serious effect on illegal Guyanese living in that country. The 5th Circuit Appeals Court of the United States for the South East US on Monday issued a ruling against President Barack Obama in relation to granting limited amnesty to over five million illegal immigrants among whom are thousands of Guyanese and tens of thousands of Caribbean nationals.
The President had issued an executive order to shield millions of undocumented immigrants from deportation allowing them to work temporarily and pay taxes. The President’s Republican opponents went to court challenging his action saying he does not have the power to issue executive orders on illegal immigration. The Republicans got an injunction against the executive action; 26 states, all controlled by Republicans, supported the challenge to the President’s executive action and the court’s injunction. The President appealed and at the same time sought a stay of the original ruling of the injunction so that illegals can file applications for the limited amnesty. The judge refused to grant a stay of the injunction. The President appealed the rejection of the stay. And the Circuit Court of Appeals ruled against the President on the stay last Monday. The President’s only recourse now is to appeal to the Supreme Court which is packed with Republican judges. However, there is a chance, slim as it may be, for the Supreme Court to side with the President granting him the stay. If the Supreme Court rules in favour of the President, millions of illegals can begin to file applications for temporary reprieve from deportation.
The case has become the focal point of Obama’s change to US immigration policy since the Republican Congress is unwilling to grant some kind of amnesty to illegal immigrants who do not have a criminal background and have been in the US for a certain number of years and who have American-born children. Republicans say the President’s action grants amnesty to lawbreakers.
In its ruling, the appeals court said it was denying the government’s appeal to stay the May injunction “after determining that the appeal was unlikely to succeed on its merits.” The White House has not indicated what is its next step. It is likely the President will appeal the ruling. The actual merits of the case – the power of the President to grant amnesty ‒ has not been tested by the court as yet. That will take place after the injunction matter has been disposed of. The merits of the executive power case will be determined next year. Whichever side wins will likely result in an appeal dragging the amnesty issue out for years.
Yours faithfully,
Vishnu Bisram
