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Mungo Quietly Vanishes As Council Votes 8-0 To Urge Supreme Court To Hear/Overturn Federal Court Rulings That Have Thus Far Blocked Obama Admin. Immigration/Deferred Deportation Program As Beyond Legal Authority


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(December 1, 2015) -- Councilwoman Stacy Mungo said nothing but quietly exited the Council Chamber before the vote, while the rest of the City Council voted (8-0) to have the City join a "friend of court" brief filed by a number of cities seeking to have the U.S. Supreme Court hear and reverse a federal appeals court ruling (2-1), that upheld a federal district court ruling, which blocks (pending trial) an Obama administration program that halts deportation of an estimated 3-4 million immigrant familymembers who entered the country without complying with federal immigration law.

The State of Texas, in part citing impacts on its taxpayers, is one of twenty-six states that challenged President Obama's "Deferred Action for Parents of Americans and Lawful Permanent Residents Program," arguing that it violates the Administrative Procedure Act, that the Dept. of Homeland Security lacks the authority to implement the program, and that DAPA is an abrogation of the President's duties under the U.S. Constitution. Three judges -- a district court judge and two of three appellate judges -- have held that President Obama had no statutory authority to issue his sweeping orders on immigration.

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In Nov. 2015, the appeals court declined to lift its February 2015 ruling that blocked the administration's implementation of DAPA. (An administration expanded version of DACA/Deferred Action for Childhood Arrivals policy) is also in legal limbo.

The White House wants the U.S. Supreme Court to decide the issue of its executive authority...but it's not yet clear if a sufficient number of its Justices will agree to hear the case. With immigration a hot political issue -- elevating Republican Donald Trump to GOP front-runner status despite Repub establishment dismay -- the White House wants the case heard and decided by the end of the Court's June 2016 term...before the Nov. 2016 President election.

CA Attorney General (and U.S. Senate candidate) Kamala Harris has strongly criticized the appeals court majority ruling and supports the White House position.

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No representatives of the Long Beach area Republican Party [which is routinely absent on other Council items including budget spending actions and public safety issues] came to testify. Public speakers (many in Spanish through a translator) were nearly uniformly in favor; frequent Council communicator Larry Goodhue spoke in opposition. Mayor Garcia was absent for the entire meeting; Vice Mayor Suja Lowenthal presided and also spoke in support, saying the Council action was symbolic but "impacts a great percentage of our residents" and shows that the Council "stands on the side of humanity."

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Speaking in support at the Council meeting were LB Councilmembers Roberto Uranga and Lena Gonzalez (co-agendizers), Rex Richardson, Al Austin ("I want to support our President") and Dee Andrews ("totally support").

Councilwoman Price asked City Attorney Parkin about the legal process involved; City Attorney Parkin replied that the Council action would have the City to join the amicus brief filed by others. [The Council's action doesn't make the City a formal party to the litigation; it urges the Supreme Court to hear and reverse the court rulings below.]

In June 2015, amid angry testimony in opposition, emotional testimony in support, the Council voted 9-0 -- with Councilwoman Mungo voting "yes" -- on a resolution to support President Obama's position on DAPA and DACA. (LBREPORT.com coverage here.)

Following the 8-0 vote, Councilwoman Mungo (the Council's sole registered Repub) returned to the Council chamber.

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