Sheriff Arpaio’s Lawsuit Against Executive Action Faces Uphill Climb

Written by on December 22, 2014 in Executive Action, News Flash with 0 Comments
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WebOn Monday, the U.S. District Court for the District of Columbia heard oral arguments in the first of two cases being brought against parts of President Obama’s recently announced executive action on immigration. Notorious Maricopa County Sheriff Joe Arpaio is seeking to stop the implementation of the DACA and DAPA programs based on the increased burden on his law enforcement office that would allegedly result from these programs. Specifically, Arpaio’s theory is that the President’s executive actions will cause a “flood” of “millions more illegal aliens,” and in turn a “crime wave”—because many “illegal aliens… are repeat offenders.”

According to Melissa Crow, Legal Director at the American Immigration Council, who attended the hearing:

“It was clear that Larry Klayman, who represents  Sheriff Arpaio, was struggling to demonstrate the type of ’concrete and particularized’ injury that is required to bring a challenge of this nature, or that the alleged harms would be a direct result of DACA or DAPA.  While disagreeing adamantly with the government’s argument that DACA and DAPA would promote public safety by enabling DHS to focus on high priority threats, he failed to provide any compelling explanation for his position. Judge Beryl Howell asked probing questions to determine whether Sheriff Arpaio had established that he had ’standing’ under the law.  She seemed skeptical that he had met his burden of proof.”

The Associated Press reports:

“Howell at times seemed exasperated with Klayman, a longtime conservative activist who has filed hundreds of lawsuits against the federal government, including challenges to Obama’s U.S. citizenship. When Klayman said his client has been threatened because of his tough views on Obama’s immigration policy, Howell responded: “That just doesn’t cut it for me.”

Before concluding the hearing, Judge Howell indicated that she would issue her rulings very shortly on both Sheriff Arpaio’s motion for a preliminary injunction and the government’s motion to dismiss the case.

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