A federal appellate court has upheld the rejection of Arizona Sheriff Joe Arpaio’s challenge to President Barack Obama’s executive actions on immigration.
But he hasn’t given up, and is prepared to take it all the way to the top, AZ Central reported:
In upholding the ruling, a three-judge panel of the D.C. Circuit of the U.S. Court of Appeals found that Arpaio did not have standing to bring a lawsuit because he could only speculate that the Sheriff’s Office could be harmed by Obama’s executive actions.
In an interview, Arpaio said he plans to continue the legal battle by appealing to the U.S. Supreme Court to take up the case.
“‘It’s not over,'” the outspoken Maricopa county sheriff said. “‘We knew it would be a tough battle.’
“Arpaio said his case is being handled on a pro bono basis by Larry Klayman, a former Justice Department attorney turned conservative activist and public-interest lawyer,” AZ Central continued.
Arpaio filed his suit in November in response to the president’s executive actions, which would offer legal protection to an estimated 4 million immigrants known as “dreamers” who were brought to the U.S. by their parents.
AZ Central also reported:
In the lawsuit, Arpaio argued Obama’s programs could encourage more people to enter the country illegally, which could lead to more crimes committed by undocumented immigrants, causing the Maricopa County Sheriff’s Office to bear the cost of holding them in jail.
But in December, U.S. District Court Judge Beryl Howell tossed out Arpaio’s lawsuit, saying that while the issues he raised had merit, he had not shown the Sheriff’s Office had been harmed by Obama’s actions and therefore had no standing to bring a lawsuit.
The White House was elated with the appellate decision and issued a statement:
“We are pleased that the D.C. Circuit did not allow Sheriff Arpaio’s lawsuit to stand in the way of common-sense measures to advance public safety and bring greater accountability to our immigration system. The court correctly recognized that the Constitution does not permit federal courts to hear lawsuits that rest on baseless speculation.”
Although signed last year, the president’s executive actions have not taken effect yet because a Texas federal judge’s order has restrained its implementation pending the outcome of another lawsuit brought by Texas and 25 other states, including Florida.
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