322px-Joe_ArpaioCourt rules there is no proof amnesty encourages illegal immigration

Friday, a federal appeals court upheld a lower court ruling that Maricopa County, Arizona Sheriff Joe Arpaio cannot sue to stop Barack Obama’s plan to grant amnesty to illegal aliens.

The ruling by a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia was unanimous.

The ruling claims there was no proof Obama’s amnesty would encourage more people to try and enter the United States illegally.

“For the harms Sheriff Arpaio alleges to occur and be redressable by the injunction he seeks, aliens abroad would have to learn about the deferred action policies, mistakenly think that they were eligible to benefit from them, or harbor a hope of becoming eligible for future, similar policies as yet unannounced, actually leave their homes and enter the United States illegally based on that false assumption, commit crime in Maricopa County, become involved in — and costly to — the criminal justice system there, and be less likely under deferred action to be removed from the United States than they would have been without those policies in place,” Judge Nina Pillard wrote for the three-judge panel in the majority opinion.

“Sheriff Arpaio’s allegations that DACA [Deferred Action for Childhood Arrivals] and DAPA [Deferred Action for Parents of Americans] will cause unlawful immigration to increase are conjectural and conclusory,” Pillard wrote. “Sheriff Arpaio’s contention is, at bottom, premised on the speculative prediction that DACA and DAPA will create incentives on third parties to behave in misinformed or irrational ways that would harm him.”

Obama appointed Pillard to the court. She is expected to be nominated to the Supreme Court when Ruth Bader Ginsburg retires.

Even supporters of open immigration are critical of Obama’s plan, arguing that Article I, Section 8, Clause 4 of the United States Constitution gives Congress, not the President, exclusive power to “To establish a uniform Rule of Naturalization.”

A federal court in Texas has ordered Obama to put the plan on hold while a challenge to it is litigated.  The 5th U.S. Circuit Court of Appeals will hear the case in July.