Last week Judge Beryl Howell of the U.S. District Court for the District of Columbia in the case Arpaio v. Obama, et. al granted plaintiff Sheriff Joe Arpaio's request for an expedited hearing and ruling on his motion for preliminary injunction. Arpaio is seeking a preliminary injunction to prevent President Obama from implementing plans to grant three years of "deferred action" status to millions of illegal aliens. The hearing is set for December 22nd and the judge ordered the Obama Administration to respond to Arpaio's motion by today.
In a press release, Arpaio attorney Larry Klayman said:
"We are very pleased that Judge Howell has ordered an expedited hearing on our motion for preliminary injunction which asks to preserve the status quo and stop the implementation of President Obama's executive order. The executive order violates the Constitution, as it seeks to circumvent the powers which the Framers delegated to Congress…As stated by the Sheriff upon filing suit: 'This unconstitutional act will have a serious detrimental impact. Specifically, it will severely strain our resources. Among the many negative affects of this executive order, will be the increased release of criminal aliens back onto streets of Maricopa County, Arizona, and the rest of the nation.'"
The complaint argues the timing is crucial because the government already is using funds to implement Obama's executive order, and granting amnesty is likely to draw a new wave of illegal aliens. The lawsuit is similar to one filed in a Texas federal court by Texas Attorney General and Gov.-elect Greg Abbott, A total of 24 states have now joined the lawsuit.
Read the press release here.
