Judge to hold hearing on Arpaio, Taitz roles in immigration suit
The main front in the legal war over President Barack Obama’s immigration policies may have moved to the Supreme Court, but a federal judge in Texas isn’t letting that stop him from taking up a curious side issue in the case: whether birther Orly Taitz and controversial Arizona Sheriff Joe Arpaio are entitled to join the fight.
Both sides in the lawsuit that halted Obama’s latest round of immigration moves nearly a year ago have told U.S. District Judge Andrew Hanen they want the case put on ice until the Supreme Court announces whether it will take up the major executive power dispute — a decision expected as soon as next month.
In a little-noticed order earlier this month, Hanen set a hearing for Tuesday afternoon on the proposal to stay the case. However, he went on to say he wanted the parties to address whether to allow several other individuals to intervene in the litigation, among them Taitz and Arpaio.
“The Court … wants the parties and those who have expressed an interest in becoming parties to be ready to address the extent to which the intervenors are going to participate in this matter,” Hanen wrote.
The judge’s call to dive into the issue and for the proposed intervenors or their attorneys to show up in person has left some immigrants’ rights advocates suspicious.
“You’ve got a joint motion to stay the merits. … It’s difficult to understand why this has to be taken up right now as the Supreme Court is considering it,” said David Leopold, an Ohio-based immigration attorney and past president of the American Immigration Lawyers’ Association. “It has the potential of unnecessarily adding more politics to a case that’s already politically charged.”
Last month, a split three-judge appeals court panel sided with Hanen and refused to overturn his injunction against Obama’s new Deferred Action for Parents of Americans initiative and his expansion of the Deferred Action for Childhood Arrivals program. However, the same panel voted unanimously to uphold the rights of three unnamed illegal immigrants to intervene in the case to protect their interests.
Fifth Circuit Judge Jennifer Walker Elrod gave various reasons for the ruling and noted that one reason the women cited was that the federal government may have alienated Hanen by issuing about 100,000 permits despite the injunction. The feds have blamed the issuances on bureaucratic foul-ups and have insisted the government did not intend to mislead the court.
Hanen said in his order (posted here) that he is “particularly concerned about the possible applicability of [the appeals court ruling] to parties beyond the three Jane Does discussed therein.” He went on to list Taitz, Arpaio and several other people who sought to join in the high-profile court battle.
Taitz and Arpaio have previously struck out with similar efforts.
In July, Hanen threw out a lawsuit Taitz brought Obama, Homeland Security Secretary Jeh Johnson and others over various aspects of federal immigration policy. The following month, a federal appeals court in Washington upheld the dismissal of a similar case in which Arpaio challenged the legality of Obama’s moves to make millions more immigrants who entered the country illegally, or overstayed visas, eligible for quasi-legal status and work permits.
Read more: https://www.politico.com/blogs/under-the-radar/2015/12/judge-to-hold-hearing-on-arpaio-taitz-roles-in-immigration-suit-216757#ixzz3uaNZtAP8
December 16th, 2015 @ 1:15 pm
I pray that this going before Judge Hanen, Orly will prove helpful in your mission!
December 16th, 2015 @ 5:49 pm
Loved your competitive standing argument in your motion. No one else thought of that. Bravo Orly!
December 17th, 2015 @ 12:31 am
what happened to arpiao? is he so afraid of the illegal in washingon that he didnt show up? or maybe a payoff came in time? i have absolutely no confidence in this guy sine he ripped of a lot of money got evidence then refused to use it…
will
December 17th, 2015 @ 5:57 am
Arpaio was hard at work preparing “universe shattering information”…
December 17th, 2015 @ 7:29 am
ha ha! a good one!
December 17th, 2015 @ 9:16 am
Lol, I couldn’t resist! Glad you enjoyed it.
So, what was the outcome of this hearing?
December 17th, 2015 @ 9:46 am
This is what you get when God is no longer welcome in our mainstream. He has been made unconstitutional in favor of the deficit spending entitlement crowds of the liberal establishment. It is the law of the land. Most of us had no choice. The evil are ingenious in their wickedness. Rom 1:21-32.
December 17th, 2015 @ 10:01 am
When can we expect a ruling?
December 17th, 2015 @ 10:39 am
If you felt any hot air at all in the courtroom, the spirit of Arpaio was in place!
December 17th, 2015 @ 11:12 am
Could Arpaio be controlled opposition ????
Making like he has all this info (and then not releasing it) so no body else will investigate Obama thinking Arpaio already has the info and is on the verge of releasing it….mmmm…and Obamy keeps smiling and defrauding the American people secretly sending money and thank you notes to “Old Joe”
December 17th, 2015 @ 11:16 am
Joe Arpaio is a fraud. He claims to have explosive evidence against Obama — but refuses to lay charges.
Arpaio claims to have “uncovered the truth” — but refuses to do anything about it.
Arpaio says that he will “stop at nothing” to get the facts out — and then he stopped — at nothing. Having done nothing. Achieved nothing.
HOWEVER: Arpaio has raised a lot of money by appealing to Orly’s supporters. He will keep doing so until someone calls him out on his colossal failure to do anything at all.
Only Orly has ever actually achieved anything in court. Why does anyone believe Arpaio? Sheesh. He’s been suppressing the truth for years, and taking credit for Orly’s work in the meantime.
December 17th, 2015 @ 11:18 am
I hope you support me and donate. I cost me over $2,000 to take time from work and fly to TX to the hearing
December 17th, 2015 @ 3:19 pm
The reporter Josh Gerstein writes:
[In a little-noticed order earlier this month, Hanen set a hearing for Tuesday afternoon on the proposal to stay the case.]
Why stay the case?
[However, he went on to say he wanted the parties to address whether to allow several other individuals to intervene in the litigation, among them Taitz and Arpaio.]
Yes, we want Dr. Taitz and Arpaio to participate in this litigation as both of them have been deeply involved in the (illegal) immigration issues. Why does Judge need be so polite as to ask the parties for their opinion on participation for Taitz and Arpaio? Aah…. I understand now. This may bring Taitz and Arpaio into the lawsuit better, than the Judge trying to force them into the lawsuit. Judge Hanen appears to be wise man.
[“The Court … wants the parties and those who have expressed an interest in becoming parties to be ready to address the extent to which the intervenors are going to participate in this matter,” Hanen wrote.]
OK. Judge wants to bring more firepower into the lawsuit and wants to open the box and show how much extra power will be brought in. What about giving a substantial explorative capabilities to the Court and the new participants in the lawsuit? That is why reveal all the possibilities upfront?
[The judge’s call to dive into the issue and for the proposed intervenors or their attorneys to show up in person has left some immigrants’ rights advocates suspicious.]
These immigrants and their advocates may have their own motives that are opposed to the American public interests. The Judge should be very suspicious about the Immigrants lawyers concerns.
Most importantly, Orly, what has happened during the hearings past Tuesday, I think it was?