A federal judge on Tuesday threw out the anti-amnesty lawsuit filed by Arizona Sheriff Joe Arpaio, saying that while the case raises important questions regarding the impact of illegal immigration, Arpaio cannot file as he has not been directly harmed by President Obama's executive actions.
U.S. District Judge Beryl Howell, Obama appointee and former top aide to Democratic Sen. Patrick Leahy, said in his memorandum opinion, "The role of the Judiciary is to resolve cases and controversies properly brought by parties with a concrete and particularized injury - not to engage in policymaking better left to the political branches."
"The plaintiff's suit raises important questions regarding the nation's immigration policies, which affect the lives of millions of individuals and their families. The wisdom and legality of these policies deserve careful and reasoned consideration," adding that "the questions amount to generalized grievances which are not proper for the Judiciary to address."
Howell suggested instead that it is the role of the political branches to "shape the institutions of government in such fashion as to comply with the laws and the Constitution."
In November, Obama took executive action to indefinitely delay deportation for up to 5 million illegal immigrants currently in the United States, also moving to provide work permits and federal aid to many. The executive action generated significant criticism as to whether the president has the constitutional authority to exercise such unilateral power.
The White House was quick to respond to the ruling, saying it "confirms what the Department of Justice and scholars throughout the country have been saying all along: the President's executive actions on immigration are lawful."
"The Supreme Court and Congress have made clear that federal officials can set priorities in enforcing our immigration laws, and the actions announced by the President are consistent with those taken by administrations of both parties for the last half century. The court correctly dismissed Sheriff Arpaio's lawsuit," White House spokesman Eric Schultz said in a statement.
It's questionable whether Arpaio himself is sufficiently affected by Obama's decision, but the real immigration fight comes in the form of a lawsuit filed by 24 states in Brownsville, Texas.
Because Obama's policy forces taxpayers in those states to spend billions educating and providing aid to the illegal immigrants, that case is likely to make it much further, noted The Daily Caller.
