Federal Judge Stalls Obama’s Executive Action on Immigration

Juan A. Lozano, ABC News, February 17, 2015

The White House promised an appeal Tuesday after a federal judge in Texas temporarily blocked President Barack Obama’s executive action on immigration and gave a coalition of 26 states time to pursue a lawsuit aiming to permanently stop the orders.

U.S. District Judge Andrew Hanen’s decision late Monday puts on hold Obama’s orders that could spare from deportation as many as 5 million people who are in the U.S. illegally. In response, the U.S. Department of Homeland Security said it would halt preparations for a program to protect parents of U.S. citizens or legal permanent residents until further notice.

In a memorandum accompanying his order, Hanen said the lawsuit should go forward and that the states would “suffer irreparable harm in this case” without a preliminary injunction.

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed that legalizing the presence of millions of people is a “virtually irreversible” action.

{snip}

The White House said the U.S. Department of Justice will file an appeal, which will be heard by the 5th U.S. Circuit Court of Appeals in New Orleans.

U.S. Attorney General Eric Holder said the Justice Department was reviewing the ruling and was confident the matter would ultimately be taken up by a higher court, possibly the U.S. Supreme Court.

{snip}

The coalition of states, 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, and that his executive actions would be difficult to undo once immigrants started to apply for deferred action. They also say Obama’s order would force increased investment in law enforcement, health care and education.

{snip}

Texas Attorney General Ken Paxton called the decision a “victory for the rule of law in America” in a statement late Monday. Texas Gov. Greg Abbott, who led the state into the lawsuit when he was the state’s attorney general, said Hanen’s decision “rightly stops the President’s overreach in its tracks.”

{snip}

Among those supporting Obama’s executive order is 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.

{snip}

Topics: , ,

Share This

We welcome comments that add information or perspective, and we encourage polite debate. If you log in with a social media account, your comment should appear immediately. If you prefer to remain anonymous, you may comment as a guest, using a name and an e-mail address of convenience. Your comment will be moderated.
  • Yes, I’m happy.

    But before we get too excited, realize that this was this one judge’s opinion based on the chances that other Federal courts will find in favor of the plaintiffs. This is not the opinion based on an actual trial level hearing.

    I remember trying to make that same distinction here when Arizona SB 1070 was partially enjoined with its first hearing.

    • Bossman

      It is very hard to undo what a president has done through executive prerogative.

      • Not that hard. Just do the opposite executive prerogative.

        It’s just that I’m not expecting any such opposite executive prerogative from the small group of people who have a good chance to be the next President of the United States.

        Also, it’s going to be quite awhile before the Dark Enlightenment reaches critical mass.

      • stedman holder

        Perhaps in your native country of mexico but not here, go home and enrich your own country, there is no “free stuff” for you here.

      • Sparky

        Unless he breaks the law or tries to use powers reserved for Congress. Congress has jurisdiction of immigration policy, not the president. Least of all the Kenyan community organizer.

        • Dwight

          Obummer managed to dump CommieCare on us, hopefully the madman can be stopped on immigration.

        • Realist

          “Unless he breaks the law or tries to usurp powers reserved for Congress. Congress has jurisdiction over immigration policy, not the president. Least of all the Kenyan community organizer.”

          Big talk! Are you going to back it up? Obama has been breaking the law for 6 years.
          By the way how is life in your make believe world?

      • WR_the_realist

        Except that the president really doesn’t have that prerogative. Like most people In America, you think the president is dictator. He’s not supposed to be.

        • Bossman

          He and the people around him think that he has that prerogative.

      • Hush, troll.

    • TruthBeTold

      Progressives are relentless. This is only a pause in the long march. They don’t stop until they get their way.

      • NoMosqueHere

        Obama fights like it matters; the GOP fights like it doesn’t.

      • Nonhumans

        Like children.

    • WR_the_realist

      Yes. From what I read from other sources the ruling was on very narrow, technical grounds. So this will have to go to the Supreme Court. We already know how Kagan and The Wise Latina will rule.

    • Sick of it

      I hope this fails quickly so people finally wake up and realize there’s no way out while keeping this pseudo-country together.

      • Raymond Kidwell

        There is no rule of law. I have complained all over the place, including the department of justice about discrimination in schools. None of them care, even though their websites says it’s their top priority. Arizona tries to enforce the law and gets sued by the federal government. Now you have Obama who says “ignore the law”. The law doesn’t apply whenever it promotes a non-white interest. Next it will be if a non-white attacks a white person, let’s not enforce that and put priorities elsewhere.

        • Alexandra1973

          I for one will be glad when Obama and Co. leave the White House.

          I just shudder to think who the replacement might be, though.

          • mobilebay

            Unless it’s the team of Jeff Sessions and Kris Kobach, I fear for us. Of course no one knows Kobach and Sessions hasn’t thrown his hat in the ring, but I can dream.

        • Weisheit77

          It’s that the logical conclusion of the “civil rights movement”.

          • Raymond Kidwell

            No not civil rights, but leftism in general, which of course is embraced by all political parties with religious conviction now. Even without minorities in the equation we have falling average I.Q.s and the lowest element of society breeding. Many of our communities are no longer capable of functioning on a very simple level. The explosion of crime and common place stupidity means any national organization would have to “prioritize” its resources because if it didn’t half of the population would be in jail.

            Much like the rest of the third world, the U.S. is becoming a nation of imbeciles with a small skim of intellectual elite who keep the lights turned on, engineer the bridges and such, but politics reflects the imbecile masses. We will move towards piles of garbage in the streets, collapsing bridges, rampant crime, trafic lights that don’t function, inept local police, massive government corruption, inefficient industry and farms, spreading disease etc. With any luck we’ll reach a critical mass and the majority of people will start dying from AIDS like they are in Africa.

  • AndrewInterrupted

    Can’t say that I’ve ever heard of the “Take Care Clause”, but I’m glad it’s there.
    Jeff Sessions is on the rampage. God bless that little bast**d.

  • IBWHITE

    Finally some sanity in this country.

  • DaveMed

    It’s clear that, with the federal government now being a manifest enemy of our people, the most effective way for us to hold or gain ground is to engage ferociously in local battles.

    God bless the judge.

    • Ella

      There will be financial penalties to those States who refuse to execute Obummer’s executive action. Texas having over 52% nonwhites may just be blowing smoke. I hope for some type of immigration restrictions being rare as it is.

  • E_Pluribus_Pluribus

    This should stiffen the spines of GOP senators and congressmen. No issue better defines the difference between the two parties. ALL 43 or so Dem senators voted to NOT allow debate on the GOP-led House’s DHS funding bill that strips out funding for the executive amnesties. To the best of my knowledge, no GOP senator refused to allow debate, though a few McCain types wanted to cave.

  • JohnEngelman

    January 19, 2015

    A new ABC News poll finds that 56 percent of Americans want Republicans to block President Barack Obama’s recent executive order on amnesty for illegal immigrants by defunding it.

    The ABC News poll, which was produced by Langer Research Associates, asked respondents the following question:

    Obama has taken executive action allowing as many as four million undocumented immigrants to avoid deportation. The Republicans in Congress say they may take away federal funding so this order cannot be carried out. Do you think Obama’s action on immigration should go forward, or should it be blocked?

    Forty-one percent of Americans said Obama’s amnesty plan “should go forward,” versus 56 percent who said it “should be blocked.” Four percent had no opinion.

  • JackKrak

    Where is the wild applause from the people who think it’s so wonderful when a judge overturns a ban on gay marriage or a law denying welfare benefits to illegals?

    • Americaandthewestshouldbewhite

      They are all getting their knickers in a twist.

  • BloodofAlbion75

    It is reassuring that there is at least one judge in our country who has the courage to put President Obama in his place,and in the process reaffirm that our country must be governed by the rule of law,not the imperial decree of our Demagogue in Chief!

  • libertarian1234

    It will be interesting to see what happens to Obama if the courts rule sanely and declare his by-passing the Congress as unconstitutional.

    It will be a blow to his big ego that might prompt him to become unhinged, since, like most all blacks, his arrogance is sky high, and he will take it as a personal blow to the inflated image he has of himself.

    Amnesty has always been planned as his most important scheme to water down white voting clout and invoke an ethnic cleansing campaign, so to have such an important aspect of his evil intent nullified could well push him over the edge, especially if the new problems Obamacare is having right now get worse, and it is also in danger of unraveling.

    It would be an absolute delight to see this evil miscreant crushed and to see those who have supported him look like the out-of-touch fools they are.

    • Irish

      While I share your wish, I lack your faith in American Jurisprudence at this point..I have little doubt this abomination will be checked by our legal system at this point..He who pays the fiddler, picks the tune..

      • libertarian1234

        Agreed.

        I have little faith in the court system in this country as you do. That’s why I posited it as an “if they rule sanely” possibility.

        Ignoring checks and balances by any of the three branches certainly is unconstitutional and governing by decree is as well, and we need no verification from SCOTUS for us to know that.

  • Ograf

    It is about time there was some unification on stopping this fool from all his give the country away, hate White people agenda. I will be so glad when a new administration takes over.

    • SentryattheGate

      But the puppetmasters remain in the shadows, unelected, unaccountable, unimpeachable—they pull the strings, regardless of administration. Remember, most of those millions of illegals came in while Bush II was president.

  • superlloyd

    At last, a positive step taken against the criminal, illegal Presidency of Obola.

  • Guest

    Where’s the wild applause from the people who think it’s so great when a judge overturns a ban on gay marriage or a a law against giving welfare to illegals?

  • Americaandthewestshouldbewhite

    Good that we have a nice gentile judge that is wh!!!te and pro American. Thank God for small mercies

  • Here’s another thing.

    Even if this case goes to trial and the Federal courts and SCOTUS rules against Obama, I bet as I type these words, a whole conga line of White House lawyers are cooking up a way for Obama to continue doing what he wants de facto while technically abiding by the court’s ruling against him at the same time.

    It will probably entail a quiet behind the scenes forceful understanding that immigration law should not be enforced at all, and that U.S. Attorneys and their assistants should concede and forfeit immigration deportation cases in front of immigration judges. As for the work permits, well, all Obama needs to do is quietly telegraph that he’s not going to bring any prosecutions for knowingly hiring illegal aliens either on the employers or the illegal aliens.

    • connorhus

      Congress could put a stop to it by de-funding it all but they are too afraid to do it. They are afraid of the Millions of voters who are on the government milk delivery apparatus that will be screaming when they don’t get their check and I ain’t just talking about welfare and EBT either.

    • SentryattheGate

      Right, there are forces demanding immigration laws not be enforced! I checked out the Border Patrol Council’s site and learned that the ACLU and Univ. of Calif.-Davis (run by ex-DHS head Janet Napolitano) is suing the Border Patrol over internal enforcement!

  • Capn Dad

    Small victory….we’ll take it.

  • Bon, From the Land of Babble

    About damn time someone stopped this petty tyrant.

    God knows McConnell won’t do it.

    Let’s hope Judge Hanen doesn’t have a “sudden” heart attack or “commit suicide” in a local Park.

    I also hope his personal life and tax records are in order.

    • A Freespeechzone

      I wouldn’t put it past this corrupt and dangerous administration to threaten the SCOUS to affirm his demands; I don’t doubt that the Chief Justice Roberts was threatened unless he found a way to make Obamacare legal.

      They will literally stop at nothing to force their tyranny, knowing nobody will stop them–so far, they are right.

    • Robert Smith

      I hope he doesn’t commit “Charlie Hebdo” like the Paris police chief did.

  • Sparky

    My new hero, U.S. District Judge Andrew Hanen. Slapped Obama upside his head!
    ,

    • Dwight

      Obummer will of course be unleashing Holder on the good judge.

  • MBlanc46

    Good on him.

  • dd121

    Obama don’t let no stinkin’ law tell him what to do.

    • SentryattheGate

      The truly “enlightened” know that social justice trumps law! Yeah, Nerobama, the dictator, belongs in a Third World country.

  • Americaandthewestshouldbewhite

    Obama has no shame. He will use his so called ‘Executive Powers’ and disobey this order. He thinks he is an African potentate and should never have become president. I hope all the trash that voted for him including the white libs who suffer from white guilt get to feel the force of his fury more than the people that did not vote for him.

    • Capn Dad

      Making them “feel” it will be your job. Its called “pay back”.

  • MekongDelta69

    This is my AmRen ‘feel-good’ article of the week.

  • AndrewInterrupted

    Borrowed this from sab365’s site.
    .

  • 1G25

    “Among those supporting Obama’s executive order is 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.”

    Exhibit “A” for immediate secession from the crap of what used to be America.

    “…will further the public interest,” my arse. Will fatten politicians’ pocketbooks.
    .

  • Alucard_the_last

    I’m sure the treasonous ‘president’ will do his best to have this overturned.

  • Realist

    “Texas attorney general calls it a “victory for the rule of law in America.””

    This will not stand…..Obama will run amok soon enough. Whose going to stop him?

  • brior

    Why only one judge? Why so late in the game?

  • Robert Smith

    When this was beginning the votes were white. It’s almost like an invisible hand is controlling our elected officials to act against us. Remember? NAFTA was supposed to keep the Mexicans in Mexico.

  • Spikeygrrl

    As usual, Texas rocks!

  • AndrewInterrupted

    Here are a couple cut&pastes I lifted from the Yoohoo! site on this topic. Good stuff.
    I’ve seen the John vs. Juan one before, but I hadn’t seen the other:

    +++++++

    What if the illegals left?

    What if 20 Million Illegal Aliens Vacated America?

    I, Tina Griego, journalist for the Denver Rocky Mountain News wrote a column titled, “Mexican Visitor’s Lament.”

    I interviewed Mexican journalist Evangelina Hernandez while visiting Denver last week. Hernandez said, “Illegal aliens pay rent, buy groceries, buy clothes. What happens to your country’s economy if 20 million people go away?”

    Hmmm, I thought, what would happen?

    So I did my due diligence, buried my nose as a reporter into the FACTS I found below.

    It’s a good question… it deserves an honest answer. Over 80% of Americans demand secured borders and illegal migration stopped. But what would happen if all 20 million or more vacated America? The answers I found may surprise you!

    In California, if 3.5 million illegal aliens moved back to Mexico, it would leave an extra $10.2 billion to spend on overloaded school systems, bankrupt hospitals and overrun prisons. It would leave highways cleaner, safer and less congested. Everyone could understand one another as English became the dominant language again.

    In Colorado, 500,000 illegal migrants, plus their 300,000 kids and grandchilds would move back “home,” mostly to Mexico. That would save Colorado an estimated $2 billion (other experts say $7 billion) annually in taxes that pay for schooling, medical, social-services and incarceration costs. It means 12,000 gang members would vanish out of Denver alone.

    Colorado would save more than $20 million in prison costs, and the terror that those 7,300 alien criminals set upon local citizens. Denver Officer Don Young and hundreds of Colorado victims would not have suffered death, accidents, rapes and other crimes by illegals.

    Denver Public Schools would not suffer a 67% dropout/flunk rate because of thousands of illegal alien students speaking 41 different languages. At least 200,000 vehicles would vanish from our gridlocked cities in Colorado. Denver’s 4% unem ployment rate would vanish as our working poor would gain jobs at a living wage.

    In Florida, 1.5 million illegals would return the Sunshine State back to America, the rule of law, and English.

    In Chicago, Illinois, 2.1 million illegals would free up hospitals, schools, prisons and highways for a safer, cleaner and more crime-free experience.

    If 20 million illegal aliens returned ‘home,’ the U.S. Economy would return to the rule of law. Employers would hire legal American citizens at a living wage. Everyone would pay their fair share of taxes because they wouldn’t be working off the books. That would result in an additional $401 billion in IRS income taxes collected annually, and an equal amount for local, state and city coffers.

    No more push ‘1’ for Spanish or ‘2’ for English. No more confusion in American schools that now must contend with over 100 languages that degrade the educational system for American kids. Our overcrowded schools would lose more than two million illegal alien kids at a cost of billions in ESL and free breakfasts and lunches.

    We would lose 500,000 illegal criminal alien inmates at a cost of more than $1.6 billion annually. That includes 15,000 MS-13 gang members who distribute $130 billion in drugs annually would vacate our country.

    In cities like L.A., 20,000 members of the ’18th Street Gang’ would vanish from our nation. No more Mexican forgery gangs for ID theft from Americans! No more foreign rapists and child molesters!

    Losing more than 20 million people would clear up our crowded highways and gridlock. Cleaner air and less drinking and driving American deaths by illegal aliens!

    America’s economy is drained. Taxpayers are harmed. Employers get rich. Over $80 billion annually wouldn’t return to the aliens’ home countries by cash transfers. Illegal migrants earned half that money untaxed, which further drains America ‘s economy which currently suffers an $8.7 trillion debt. $8.7 trillion debt!!!

    At least 400,000 anchor babies would not be born in our country, costing us $109 billion per year per cycle. At least 86 hospitals in California, Georgia and Florida would still be operating instead of being bankrupt out of existence because illegals pay nothing via the EMTOLA Act. Americans wouldn’t suffer thousands of TB and hepatitis cases rampant in our country – brought in by illegals unscreened at our borders.

    Our cities would see 20 million less people driving, polluting and grid locking our cities. It would also put the ‘progressives’ on the horns of a dilemma; illegal aliens and their families cause 11% of our greenhouse gases.

    Over one million of Mexico’s poorest citizens now live inside and along our border from Brownsville, Texas, to San Diego, California, in what the New York Times called, ‘colonias’ or new neighborhoods. Trouble is, those living areas resemble Bombay and Calcutta where grinding poverty, filth, diseases, drugs, crimes, no sanitation and worse. They live without sewage, clean water, streets, roads, electricity, or any kind of sanitation.

    The New York Times reported them to be America’s new ‘Third World’ inside our own country. Within 20 years, at their current growth rate, they expect 20 million residents of those colonials. (I’ve seen them personally in Texas and Arizona; it’s sickening beyond anything you can imagine.)

    By enforcing our laws, we could repatriate them back to Mexico. We should invite 20 million aliens to go home, fix their own countries and/or make a better life in Mexico. We already invite a million people into our country legally annually, more than all other countries combined. We cannot and must not allow anarchy at our borders, more anarchy within our borders and growing lawlessness at every level in our nation.

    It’s time to stand up for our country, our culture, our civilization and our way of life.

    Interesting Statistics!

    Here are 14 reasons illegal aliens should vacate America, and I hope they are forwarded over and over again until they are read so many times that the reader gets sick of reading them:

    1. $14 billion to $22 billion dollars are spent each year on welfare to illegal aliens (that’s Billion with a ‘B’)

    3. $7.5 billion dollars are spent each year on Medicaid for illegal aliens.

    4. $12 billion dollars are spent each year on primary and secondary school education for children here illegally and they still cannot speak a word of English!

    5. $27 billion dollars are spent each year for education for the American-born children of illegal aliens, known as anchor babies.

    6. $3 Million Dollars ‘PER DAY’ is spent to incarcerate illegal aliens. That’s $1.2 Billion a year.

    7. 28% percent of all federal prison inmates are illegal aliens.

    8. $190 billion dollars are spent each year on illegal aliens for welfare & social services by the American taxpayers.

    9. $200 billion dollars per year in suppressed American wages are caused by the illegal aliens.

    10. The illegal aliens in the United States have a crime rate that’s two and a half times that of white non-illegal aliens. In particular, their children, are going to make a huge additional crime problem in t he US.

    11. During the year 2005, there were 8 to 10 MILLION illegal aliens that crossed our southern border with as many as 19,500 illegal aliens from other terrorist countries. Over 10,000 of those were middle-eastern terrorists. Millions of pounds of drugs, cocaine, meth, heroin, crack, guns, and marijuana crossed into the U.S. from the southern border.

    12. The National Policy Institute, estimates that the total cost of mass deportation would be between $206 and $230 billion, or an average cost of between $41 and $46 billion annually over a five year period.

    13. In 2006, illegal aliens sent home $65 BILLION in remittances back to their countries of origin, to their families and friends.

    14. The dark side of illegal immigration: Nearly one million sex crimes are committed by illegal immigrants in the United States!

    Total cost a whopping $538.3 BILLION DOLLARS A YEAR !

    +++++++++

    JOHN vs. JUAN

    You have two families: “John Legal” and “Juan Illegal”. Both families have two parents, two children, and live in Arizona ..

    John Legal works in construction, has a Social Security Number and makes $25.00 per hour with taxes deducted.

    Juan Illegal also works in construction, has NO Social Security Number, and gets paid $15.00 in cash “under the table”.

    Ready? Now pay attention….

    John Legal: $25.00 per hour x 40 hours = $1000.00 per week, or $52,000.00 per year. Now take 30% away for state and federal tax; John Legal now has $31,231.00.

    Juan Illegal: $15.00 per hour x 40 hours = $600.00 per week, or $31,200 per year.Juan Illegal pays no taxes. Juan Illegal now has $31,200.00.

    John Legal pays medical and dental insurance with limited coverage for his family at $600.00 per month, or $7,200.00 per year. John Legal now has $24,031.00.

    Juan Illegal has full medical and dental coverage through the state and local clinics and emergency hospitals at a cost of $0.00 per year. Juan Illegal still has $31,200.00.

    John Legal makes too much money and is not eligible for food stamps or welfare. John Legal pays $500.00 per month for food, or $6,000..00 per year. John Legal now has $18,031.00.

    Juan Illegal has no documented income and is eligible for food stamps, WIC and welfare. Juan Illegal still has $31,200.00.

    John Legal pays rent of $1,200.00 per month, or $14,400.00 per year. John Legal now has 9,631.00.

    Juan Illegal receives a $500.00 per month Federal Rent Subsidy. Juan Illegal pays out that $500.00 per month, or $6,000.00 per year. Juan Illegal still has $ 31,200.00.

    John Legal pays $200.00 per month, or $2,400.00 for car insurance. Some of that is uninsured motorist insurance. John Legal now has $7,231.00.

    Juan Illegal says, “We don’t need no stinkin’ insurance!” and still has $31,200.00.

    John Legal has to make his $7,231.00 stretch to pay utilities, gasoline, etc..

    Juan Illegal has to make his $31,200.00 stretch to pay utilities, gasoline, and what he sends out of the country every month..

    John Legal now works overtime on Saturdays or gets a part time job after work.

    Juan Illegal has nights and weekends off to enjoy with his family.

    John Legal’s and Juan Illegal’s children both attend the same elementary school. John Legal pays for his children’s lunches, while Juan Illegal’s children get a government sponsored lunch. Juan Illegal’s children have an after school ESL program. John Legal’s children go home.

    Now, when they reach college age, John Legal’s kids may not get into a State School and may not qualify for scholarships, grants or other tuition help, even though John has been paying for state schools through his taxes, while Juan Illegal’s kids “go to the head of the class” because they are a minority.

    John Legal and Juan Illegal both enjoy the same police and fire services, but John paid for them and Juan did not pay.

    If you vote for or support any politician that supports illegal aliens… You are part of the problem! Go to numbersusa on the web to make your voice heard today!

    .

  • Spikeygrrl

    As usual, Texas rocks!

  • Weisheit77

    He’s a Bush appointee, both Bushes. Somehow I doubt the Bushites were happy about this.

  • Paleoconn

    Hanen, Arpaio, Kobach, Sessions, King, Santorum. These are the heroic voices on the immigration issue in our times.