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WASHINGTON – (L.A. TIMES) A Federal appeals court dealt a severe and possibly fatal blow Monday to President Obama’s executive actions to allow up to 5 million immigrants living illegally in the United States to stay and obtain work permits.

The decision by the U.S. 5th Circuit Court of Appeals may have come too late for the administration to appeal to the Supreme Court and win a reversal before Obama leaves office.

In a 2-1 decision, the appeals court sided with Texas and 25 other states that had sued to block Obama’s programs, Deferred Action for Parents of Americans, or DAPA, and an extension of Deferred Action for Childhood Arrivals, or DACA.

The two judges ruled that Obama had “no statutory authority” to issue such sweeping orders on immigration because they forced a change in government regulations that did not go through full and proper procedures.

“At its core, this case is about the [administration’s] decision to change the immigration classification of millions of illegal aliens on a class-wide basis,” Judge Jerry Smith said, joined by Judge Jennifer Walker Elrod.

Immigration law “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,” the court concluded.

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David Walters
David Walters
David E. Walters practices immigration law in Las Vegas, Nevada. He has been licensed to practice law in California since 1998 and Nevada since 1999. He is also admitted to practice before the District Court of Nevada, Central District of California, and the Ninth Circuit. He is a member of the American Immigration Lawyers Association and Nevada Attorneys for Criminal Justice. He teaches immigration in the Hispanic Citizens’ Academy for the Las Vegas Metropolitan Police Department. Mr. Walters graduated from Loyola Law School in Los Angeles, CA in 1998. During law school, he was a member of the St. Thomas More Law Honor Society and the Loyola of Los Angeles International and Comparative Law Journal. David is married to Isabel Walters, an immigrant from Ecuador who is now a U.S. citizen. They have two children.

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