Federal judge blocks President Barack Obama's immigration action
Tue, 17 Feb 2015 05:03:04 GMT —
U.S. District Judge Andrew Hanen issued a temporary injunction on Monday night that blocks the federal government from implementing President Barack Obama TMs immigration action.
Hanen " a Brownsville-based federal judge who was nominated by President George W. Bush " issued a three-page temporary injunction blocking the Deferred Action for Parents of Americans and Lawful Permanent Residents program.
This program is designed to provide legal presence to over four million individuals who are currently in the country illegally, and would enable these individuals to obtain a variety of both state and federal benefits," Hanen wrote.
Obama announced the immigration action in November after several attempts to broker a comprehensive immigration reform deal collapsed.
Then-Texas Attorney General Greg Abbott responded by filing a lawsuit against the federal government. Twenty five other states eventually joined the lawsuit, pitting a majority of the states against the federal government.
Now the governor, Abbott released a statement Monday night:
"President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat, and Judge Hanen's decision rightly stops the President's overreach in its tracks, according to the statement, which was published by the Houston Chronicle. We live in a nation governed by a system of checks and balances, and the President's attempt to bypass the will of the American people was successfully checked today. The District Court's ruling is very clear " it prevents the President from implementing the policies in 'any and all aspects.'
Hanen explained the temporary injunction with a 123-page memorandum opinion, which reads in part:
"The Court agrees that, without a preliminary injunction, any subsequent ruling that finds DAPA unlawful after it is implemented would result in the States facing the substantially difficult " if not impossible " task of retracting any benefits or licenses already provided to DAPA beneficiaries, Hanen wrote. This genie would be impossible to put back in the bottle.
Delaying the immigration action, Hanen wrote, wouldn TMt cause any immediate harm.
A delay of DAPA's implementation poses no threat of immediate harm to Defendants," Hanen wrote. "The situation is not such that individuals are currently considered 'legally present' and an injunction would remove that benefit; nor are potential beneficiaries of DAPA " who are under existing law illegally present " entitled to the benefit of legal presence such that this Court's ruling would interfere with individual rights."
Attorney Csar Cuauhtmoc, a visiting professor at the University of Denver College of Law, said Hanen TMs thoughts on immigration were already well known.
My take is that it's not surprising, given Judge Hanen TMs history of harshly criticizing the Obama administration TMs immigration enforcement policies, Cuauhtmoc told Action 4 News, adding that the opinion: Reads like an opinion that expects to be closely scrutinized on appeal. And I have absolutely no doubt that will happen.