Federal judge temporarily blocks Obama’s executive amnesty

[Valin]

Hot Air:

Jazz Shaw

February 17, 2015

 

Some big news out of Texas overnight. A federal judge (Andrew Hanen) has issued an injunction temporarily blocking Barack Obama’s November executive action on immigration. The action was requested by the attorneys general of 26 states and sought to prevent excessive costs to the states for benefits which would have to be paid to the illegals and for increased expenditure of law enforcement resources.

 

Patrick Brenan has a lengthy analysis at National Review which covers all the key points.

 

(Snip)

 

For more legal beagle insight on this ruling, read this report from Josh Blackman. He’s a law professor who has been following the case and filed a brief in support of the states.

 

As Brenan notes, there are a few reasons to not get overly excited or read too much into this ruling. While Judge Hanen has issued an injunction, the Feds will be appealing this morning and the Fifth Circuit could issue a stay (essentially putting the hold on hold) in very short order. This might take a couple of weeks at most, or possibly even sooner.

 

(Snip)

[clearvision]

A TEXAS Federal Judge.

[Draggingtree]

Judge Issues Injunction Against Obama’s Illegal Amnesty

Posted on February 17, 2015 by The Political Hat

 

A Federal Judge has issued an injunction against President Obama’s illegal amnesty program, and rules the lawsuit can go forward.

 

“The ruling came in response to a lawsuit filed on December 3^rd, 2014, by then Texas Attorney General Greg Abbott (now Governor Abbott) on behalf of the State of Texas. At the time of the filing, Texas was joined by sixteen other states. That number has increased to twenty-six states, more than half of the country.

 

http://politicalhat.com/2015/02/17/judge-issues-injunction-against-obamas-illegal-amnesty/

[Draggingtree]

President Obama’s Executive Amnesty is Temporarily Haulted

By: Erick Erickson (Diary) | February 17th, 2015 at 12:01 AM

Texas Attorney General Greg Abbott Ken Paxton, as one of his first acts upon taking his job in January, filed suit against Barack Obama for his executive amnesty.

 

Joining Texas in the lawsuit are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, Wisconsin.

http://www.redstate.com/2015/02/17/president-obamas-executive-amnesty-is-temporarily-haulted/

[Cyber_Liberty]

 

As Brenan notes, there are a few reasons to not get overly excited or read too much into this ruling. While Judge Hanen has issued an injunction, the Feds will be appealing this morning and the Fifth Circuit could issue a stay (essentially putting the hold on hold) in very short order. This might take a couple of weeks at most, or possibly even sooner.

 

I predict sooner...like this afternoon.

[WestVirginiaRebel]

Breitbart:

On Tuesday, Judge Andrew Hanen of the United States District Court for the Southern District of Texas issued a temporary injunction against the Department of Homeland Security’s enforcement of President Obama’s executive amnesty. In a comprehensive 123 page opinion, Hanen smacks down the Obama administration repeatedly.

 

Hanen begins by examining the legacy of executive branch failures to enforce immigration law, then points out that states have borne the brunt of cost related to ineffectual immigration enforcement:

 

While the States are obviously concerned about national security, they are also concerned about their own resources being drained by the constant influx of illegal immigrants into their respective territories, and that this continual flow of illegal immigration has led and will lead to serious domestic security issues directly affecting their citizenry.

 

Hanen then quotes Chief Justice John Roberts’ opinion in his infamous greenlighting of Obamacare to the effect that Congress has the power to determine immigration policy. Hanen writes:

 

The ultimate question before the Court is: Do the laws of the United States, including the Constitution, give the Secretary of Homeland Security the power to take the action at issue in this case?

 

Hanen says that he is not questioning the policy decency of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program pushed by President Obama, but of aspects of its legality. He adds that President Obama’s program may or may not be an amnesty, but says that it makes no difference what you call the program; only its legality is in question. Finally, Hanen sums up the issues:

 

(1) whether the States have standing to bring this case; (2) whether the DHS has the necessary discretion to institute the DAPA program; and (3) whether the DAPA program is constitutional, comports with existing laws, and was legally adopted.

 

After summing up the legal and factual background of the case, noting the contentions of both the administration’s critics and the administration’s responses, Hanen comes to the actual legal arguments.

 

Standing

 

He first discusses the issue of “standing,” the requirement in any case that the plaintiff in a case be directly affected by the law in question. That requirement breaks down into three elements: that the plaintiff suffer a “concrete and particularized injury that is either actual or imminent”; that there is a causal relationship between the statute and the damages; and that the injury could “likely” be addressed by the court striking down the regulation. Further, the judge points out, a broad harm to the general population should be addressed politically, not in the courts.

________

 

Amnesty averted.

[Cyber_Liberty]

What's stopping Obama from treating this the same way he treated the Federal Court decisions about deep-water drilling in the Gulf of Mexico? He simply ignored the orders, the companies gave up and left for Brazil, and nothing happened.

[Draggingtree]

Texas Files Early Discovery Motion Against Obama

By: Erick Erickson (Diary) | March 5th, 2015 at 03:10 PM

 

The Texas Attorney General is attuned to the news cycle as the rest of us.

 

This week came word that the Obama Administration had actually begun implementing his executive amnesty plan well before he claimed to. In fact, his administration claimed that the amnesty plan would not be implemented until mid-February.

 

Obama Administration appears to have already been issuing expanded work permits

http://www.redstate.com/2015/03/05/breaking-texas-files-early-discovery-motion-against-obama/