In an extensive, 70-page ruling, Judge Jerry Smith (joined by Judge Jennifer Elrod) concluded that the states had standing to challenge DAPA and were likely to succeed on both their procedural and substantive claims. Among other things, Judge Smith concluded that DAPA is not authorized under existing law, nor is it justified by historical practice.Adler excerpts from the opinion. Here's an excerpt of the excerpt:
DAPA undoubtedly implicates “question[s] of deep ‘economic and political significance’ that [are] central to this statutory scheme; had Congress wished to assign that decision to an agency, it surely would have done so expressly.”... Even with “special deference” to the Secretary, the INA flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization....
[T]he President explicitly stated that “it was the failure of Congress to enact such a program that prompted him . . . to ‘change the law.’” At oral argument, and despite being given several opportunities, the attorney for the United States was unable to reconcile that remark with the position that the government now takes....
