Congress, Constitutional Law, Courts, Politics, Society

Federal Judge Halts Obama’s Executive Action On Illegal Immigration

President_Barack_ObamaU.S. District Judge Andrew Hanen delivered a major blow to President Barack Obama’s unilateral executive action on immigration with a preliminary injunction in Brownsville, Texas. The case involves a challenge by 26 states and, to succeed, the states had to meet a high standard that they were likely to prevail on the merits in the case. Hanen found that, absent an order, the states will “suffer irreparable harm in this case.” The ruling sets up an appeal that could move the case more rapidly through the system in yet another challenge to the President’s unilateral actions. [For the purposes of full disclosure, I have previously testified against the President’s unilateral actions and I am currently serving as lead counsel to the House of Representatives in its challenge to such actions taken with regard to the Affordable Care Act.]

The case enjoins some provisions scheduled to take effect this week. For example, Obama ordered the expansion of a program that to protect young immigrants from deportation if they were brought to the U.S. illegally as children. The case also deals with an order extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years.

Judge Hanen wrote that “The court finds that the government’s failure to secure the border has exacerbated illegal immigration into this country. . . Further, the record supports the finding that this lack of enforcement, combined with the country’s high rate of illegal immigration, significantly drains the states’ resources.”

Hanen has previously expressed frustration with the lack of border and immigration enforcement. In December 2013, he handled an immigration smuggling case where he expressed dismay over the Administration essentially facilitating conspiracies to violate federal law by reunited families and not deporting violators. In one case involving the sentencing of a smuggler, Hanen lashed out at the federal government and noted that “[i]nstead of arresting (the child’s mother) for instigating the conspiracy to violate our border security laws, the (Homeland Security Department) delivered the child to her — thus successfully completing the mission of the criminal conspiracy.” Hanen added “DHS has simply chosen not to enforce the United States’ border security laws.”

The Justice Department always has the advantage in such appeals given past cases deferring to the Executive Branch on immigration, though the opinion below raises some significant concerns.

The case will now likely go to the United States Court of Appeals for the Fifth Circuit in New Orleans (where I clerked after law school).

Here is the lengthy opinion: Immigration Opinion

Source: NY Times

107 thoughts on “Federal Judge Halts Obama’s Executive Action On Illegal Immigration”

  2. [i]nstead of arresting (the child’s mother) for instigating the conspiracy to violate our border security laws, the (Homeland Security Department) delivered the child to her — thus successfully completing the mission of the criminal conspiracy.” Hanen added “DHS has simply chosen not to enforce the United States’ border security laws.”

    ******************

    That’s our judge and his brand of justice: Arresting mothers for the crime of conspiring to be with their kids. How can the Republic stand with this kind of institutional compassion being shown to … gasp … people with brown skin? Thank god all our other criminal justice goals are met so we can concentrate on this scourge. Why not boil ’em in oil or roast them at the stake for crossing a border? Good enough for the “justices” at the auto de fe; good enough for Judge Andy “Han(d)en Over.”

    1. mespo – what is wrong with arresting the mother for the felony and then deporting her and the child?

  6. “Nick Spinelli
    Birthers are here. Moonbats to the right of us, moonbats to the left of us! Could Truthers be far behind?”

    LOL!! – Truth deniers are obviously STILL here.

  7. “Nick Spinelli
    Pogo, I have said previously, there will be some scandalous stuff discovered AFTER Obama is gone. IRS and NSA abuses will top the list. He’s a Chicago politician, plain and simple. Those 2 powerful resources just could not go unused.”

    LOL!!

  9. @Dust Bunny Queen

    In answer to Hillary Clinton’s statement ‘What difference, at this point, does it make?’

    Hillary Clinton, Obama, Biden, Bush, Cheney, et al in their Mass Murder / War Crimes can think about 18 U.S.C. § 2441 which has no statute of limitations, which means that a war crimes complaint can be filed at any time.

  10. Savannah Guthrie: Another NBC credibility disaster?
    Savannah Guthrie vouched for Obama’s forged birth certificate. There is no hard evidence that Obama is even an American citizen.
    Reed Hayes, a document examiner who has served as expert witness for Seattle law firm Perkins Coie, the very same firm that flew an attorney from Honolulu to Washington D.C. to personally deliver two paper copies to the White House (allegedly examined by Guthrie), states that Obama’s birth certificate is “entirely fabricated”.
    http://1776channel.com/2015/02/savannah-guthrie-another-nbc-credibility-disaster

  11. TREASON at NBC
    OBAMA’S BIRTH CERTIFICATE IS A FORGERY
    Obama is NOT the president
    By publicly endorsing Obama’s Forged Birth Certificate Brian Williams, Savannah Guthrie, Michelle Obama and Oprah have committed Treason against the United States
    The supporters of Mass Murderer, War Criminal Obama have blood on their hands
    They should be arrested

  12. Public Notice:
    Every Sheriff In America Received Sheriff Joe Arpaio’s Obama Forgery Findings
    Obama’s Birth Certificate and Selective Service Draft Registration card are Forgeries
    According to the Federal Government, Obama’s Social Security number is a Fake
    Announcement: Thousands of Sheriff Kits Mailed – One Sent to Every County Sheriff in the USA

    http://www.birtherreport.com/2015/01/public-notice-every-sheriff-in-america.html

  14. randyjet, where does one go to get certified as an “immigration expert”? Has the AP fact-checked this claim, or merely parroted the WH’s spin? Also, are there really no “legal scholars” who disagree w/ the WH’s claim?

    The fact that calypso is a closer reader than you may “astound” you, but not me. He’s quite smart.

    But do go on about FAUX news. It identifies you as someone w/ nothing to say.

  15. calypso, Cogent response and something anyone w/o a chip on their shoulder knew. If past is prologue, look for a screed soon. Just chuckle.

    1. Sorry calypso, But the FACT is that the article reported on the judges ruling and gave his reasoning. Journalism is supposed to report on both sides of an issue and that you object to that is extreme bias. It should cause you and others of your ilk to pause when a person such as myself AGREES with the judge, yet finds your “reasoning” so extreme that I have to reject it. We are on the same side of this issue except for your off the wall comments as to “bias”.

  16. Haha … randyjet misses my obvious point but unwittingly makes it again for me: I’d like to see BOTH sides of the subject credibly reported instead of having a politically biased journalist making up our minds for us and then regurgitating it as a foregone conclusion.

  18. Birthers are here. Moonbats to the right of us, moonbats to the left of us! Could Truthers be far behind?

  19. Obama Was Never Eligible to be President
    According to our Constitution Obama never qualifed as a ‘Natural Born Citizen’ for the office of Presidency
    by Dr. Herbert W. Titus, counsel to the law firm of William J. Olson, P.C.

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