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A federal judge has granted a request by 26 states to temporarily block
President Obama's executive action on illegal immigration, allowing a
lawsuit aimed at permanently stopping the orders to make its way through the
courts.
U.S. District Judge Andrew Hanen granted the preliminary injunction Monday
after hearing arguments in Brownsville, Texas last month. He wrote in a
memorandum accompanying his order that the lawsuit should go forward and
that without a preliminary injunction the states will "suffer irreparable
harm in this case."
"The genie would be impossible to put back into the bottle," he wrote,
adding that he agreed with the plaintiffs' argument that legalizing the
presence of millions of people is a "virtually irreversible" action.
The first of Obama's orders -- to expand a program that protects young
immigrants from deportation if they were brought to the U.S. illegally as
children -- was set to start taking effect Wednesday. The other major part
of Obama's order, which extends deportation protections to parents of U.S.
citizens and permanent residents who have been in the country for some years
, was not expected to begin until May 19.
A statement by White House press secretary Josh Earnest restated the
administration's position that Obama's executive actions were within the
bounds of legality.
"The Supreme Court and Congress have made clear that the federal government
can set priorities in enforcing our immigration laws-which is exactly what
the President did when he announced commonsense policies to help fix our
broken immigration system," Earnest said, later adding "The district court's
decision wrongly prevents these lawful, commonsense policies from taking
effect and the Department of Justice has indicated that it will appeal that
decision."
An appeal by the administration would be handled by the Fifth Circuit Court
of Appeals in New Orleans.
Hanen, who's been on the federal court since 2002 after being nominated by
President George W. Bush, regularly handles border cases but wasn't known
for being outspoken on immigration until a 2013 case. In his ruling in that
case, he Hanen suggested the Homeland Security Department should be
arresting parents living in the U.S. illegally who induce their children to
cross the border illegally.
The coalition, led by Texas and made up of mostly conservative states in the
South and Midwest, argues that Obama has violated the "Take Care Clause" of
the U.S. Constitution, which they say limits the scope of presidential
power. They also say the order will force increased investment in law
enforcement, health care and education.
"Judge Hanen's decision rightly stops the President's overreach in its
tracks," Texas Gov. Greg Abbott said in a statement.
In their request for the injunction, the coalition said it was necessary
because it would be "difficult or impossible to undo the President's
lawlessness after the Defendants start granting applications for deferred
action."
Congressional Republicans have vowed to block Obama's actions on immigration
by cutting off Homeland Security Department spending for the program.
Earlier this year, the Republican-controlled House passed a $39.7 billion
spending bill to fund the department through the end of the budget year, but
attached language to undo Obama's executive actions. The fate of that House
-passed bill is unclear as Republicans in the Senate are six votes shy of
the 60-vote majority needed to advance most legislation.
Others supporting Obama's executive order include a group of 12 mostly
liberal states, including Washington and California, as well as the District
of Columbia. They filed a motion with Hanen in support of Obama, arguing
the directives will substantially benefit states and will further the public
interest.
A group of law enforcement officials, including the Major Cities Chiefs
Association and more than 20 police chiefs and sheriffs from across the
country, also filed a motion in support, arguing the executive action will
improve public safety by encouraging cooperation between police and
individuals with concerns about their immigration status.
President Obama's executive action on illegal immigration, allowing a
lawsuit aimed at permanently stopping the orders to make its way through the
courts.
U.S. District Judge Andrew Hanen granted the preliminary injunction Monday
after hearing arguments in Brownsville, Texas last month. He wrote in a
memorandum accompanying his order that the lawsuit should go forward and
that without a preliminary injunction the states will "suffer irreparable
harm in this case."
"The genie would be impossible to put back into the bottle," he wrote,
adding that he agreed with the plaintiffs' argument that legalizing the
presence of millions of people is a "virtually irreversible" action.
The first of Obama's orders -- to expand a program that protects young
immigrants from deportation if they were brought to the U.S. illegally as
children -- was set to start taking effect Wednesday. The other major part
of Obama's order, which extends deportation protections to parents of U.S.
citizens and permanent residents who have been in the country for some years
, was not expected to begin until May 19.
A statement by White House press secretary Josh Earnest restated the
administration's position that Obama's executive actions were within the
bounds of legality.
"The Supreme Court and Congress have made clear that the federal government
can set priorities in enforcing our immigration laws-which is exactly what
the President did when he announced commonsense policies to help fix our
broken immigration system," Earnest said, later adding "The district court's
decision wrongly prevents these lawful, commonsense policies from taking
effect and the Department of Justice has indicated that it will appeal that
decision."
An appeal by the administration would be handled by the Fifth Circuit Court
of Appeals in New Orleans.
Hanen, who's been on the federal court since 2002 after being nominated by
President George W. Bush, regularly handles border cases but wasn't known
for being outspoken on immigration until a 2013 case. In his ruling in that
case, he Hanen suggested the Homeland Security Department should be
arresting parents living in the U.S. illegally who induce their children to
cross the border illegally.
The coalition, led by Texas and made up of mostly conservative states in the
South and Midwest, argues that Obama has violated the "Take Care Clause" of
the U.S. Constitution, which they say limits the scope of presidential
power. They also say the order will force increased investment in law
enforcement, health care and education.
"Judge Hanen's decision rightly stops the President's overreach in its
tracks," Texas Gov. Greg Abbott said in a statement.
In their request for the injunction, the coalition said it was necessary
because it would be "difficult or impossible to undo the President's
lawlessness after the Defendants start granting applications for deferred
action."
Congressional Republicans have vowed to block Obama's actions on immigration
by cutting off Homeland Security Department spending for the program.
Earlier this year, the Republican-controlled House passed a $39.7 billion
spending bill to fund the department through the end of the budget year, but
attached language to undo Obama's executive actions. The fate of that House
-passed bill is unclear as Republicans in the Senate are six votes shy of
the 60-vote majority needed to advance most legislation.
Others supporting Obama's executive order include a group of 12 mostly
liberal states, including Washington and California, as well as the District
of Columbia. They filed a motion with Hanen in support of Obama, arguing
the directives will substantially benefit states and will further the public
interest.
A group of law enforcement officials, including the Major Cities Chiefs
Association and more than 20 police chiefs and sheriffs from across the
country, also filed a motion in support, arguing the executive action will
improve public safety by encouraging cooperation between police and
individuals with concerns about their immigration status.
