Judge Accuses Obama Lawyers of Misleading Him, Refuses to Restart Amnesty

Stephen Dinan, Washington Times, April 8, 2015

President Obama’s new deportation amnesty will remain halted, a federal judge in Texas ruled Tuesday night in an order that also delivered a judicial spanking to the president’s lawyers for misleading the court.

Judge Andrew S. Hanen, who first halted the amnesty in February, just two days before it was to take effect, said he’s even more convinced of his decision now, particularly after Mr. Obama earlier this year said he intends for his policies to supersede federal laws.

Judge Hanen pointed to Mr. Obama’s comments at a February town hall when the president warned immigration agents to adhere to his policies or else face “consequences.”

“In summary, the chief executive has ordered that the laws requiring removal of illegal immigrants that conflict with the 2014 DHS directive are not to be enforced, and that anyone who attempts to do so will be punished,” Judge Hanen wrote.

“This is not merely ineffective enforcement. This is total non-enforcement,” the judge continued, saying that Mr. Obama’s own descriptions of how he is carrying out his policies have hurt his case.

{snip}

Texas and 25 other states sued to stop Mr. Obama, and Judge Hanen sided with them, finding that they suffered an economic harm from the policy, granting them standing in court, and then finding that the president broke the law in bypassing Congress to announce his policy.

The administration has appealed Judge Hanen’s ruling, but also asked the judge to reconsider.

On Tuesday the judge not only refused to reconsider, but also said the administration misled him when it said no part of the amnesty had been implemented, and the lawyers bungled their attempt to try to repair the damage by filing an “advisory” with the judge early last month.

Since November, the administration had been granting a three-year amnesty to illegal immigrant Dreamers under the new policy. That’s a year longer than the two-year program Mr. Obama announced for the Dreamers in 2012.

More than 100,000 applications were approved for the three-year amnesty between Nov. 21 and the February date when Judge Hanen halted the program.

“Whether by ignorance, omission, purposeful misdirection, or because they were misled by their clients, the attorneys for the government misrepresented the facts,” the judge said, adding that he was stunned the government waited for two more weeks after his ruling to inform him that the applications had already been processed.

{snip}

Just hours before Judge Hanen ruled, however, the appeals court that oversees him ruled in a separate challenge to Mr. Obama’s 2012 amnesty for Dreamers, and ignored the president’s warnings of consequences to agents. In that case, a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that agents had ultimate discretion about whether or not to follow the new policies.

The Fifth Circuit next week will hold oral arguments on the government’s appeal of Judge Hanen’s ruling, and immigrant-rights activists said they hoped Tuesday’s ruling on the 2012 amnesty showed the court was inclined to allow Mr. Obama’s 2014 amnesty to take effect as well.

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  • JackKrak

    Better start checking under your car before you start the engine, Judge.

    • Scary. You may be right. I seriously wouldn’t put too much past Obama and the people who work for him. Remember, the most violent people are not the bad ones. They are the ones who honestly think they are right and have a vision for a better world.

  • Hilis Hatki

    Wow… imagine that… a lawyer using fancy talk to mislead. The Judge must have seen through their “Sanity Claus” argument.

  • superlloyd

    Obama is making it up as he goes along and his corrupt stooges are flagrantly deceiving and lying. What a surprise ! Glad this judge has the cojones to stand up to this criminal, arrogant administration. Someone can see that the ’emperor’ has no clothes.

    • BloodofAlbion75

      Obama has been making it up as he goes along throughout the entire duration of his disastrous political career.

    • Like any radical leftist, Obama just couldn’t believe that an educated person like a judge would actually disagree with his vision. He thought it was only trailer park types, with their “religion and guns” that opposed him. So, no wonder they lied so obviously.

  • connorhus

    I bet Obummer has the IRS and Homeland security going through this Judge’s background from his date of birth looking for dirt. It worked on Roberts didn’t it?

    • Jason Lewis

      Wonder what Roberts is gonna rule on the ACA subsidies?

    • Charles Martel

      Might even be planting stuff, I am pretty sure they framed Gen Petrous

    • WR_the_realist

      He probably has the NSA looking for dirt too.

      If the government isn’t using the NSA to blackmail people I’ll be shocked.

    • Judges are appointed for life, so unless there has been some recent misconduct on Hanen’s part, he’s on the bench until he decides to retire.

      • connorhus

        At his level he is hoping for a higher appointment so finding previously buried dirt is still something he could be worried about if he has some.

        Let’s hope he doesn’t.

  • Jason Lewis

    It’s a small win.

    • It is important to delay this atrocity until the next election and this bum is out of office.

      • Jason Lewis

        Exactly but it’s gonna take a monumental change in immigration like a total stop on it along with a massive deportation. I don’t think anyone in D.C. has the guts to do it.

        • LexiconD1

          Cut off the welfare, as well as making E-Verify mandatory, for starters, would be a tremendous step in the right direction.

  • Yesterday, Politico ran an article on a decision by the Fifth Circuit that tossed out Mississippi’s challenge to Obama’s order. That bodes ill for the final decision. The states have to prove that they will incur significant new costs because of Obama’s order. Mississippi could not prove it to the court’s satisfaction.

    • WR_the_realist

      So the position of the court is that the president can violate any law he wants so long as states can’t prove that it imposes significant costs. I wish the Feds would apply that standard to me.

      Can we look at the bankrupt state of California with its failing schools and overflowing prisons, to demonstrate the consequences of encouraging illegal immigration?

  • BloodofAlbion75

    Judge Hanen shouldn’t be too surprised about being misled by the Obama Administration, because the president has been misleading the American people since the day he decided to seek the office of President of the United States.

    • NO ONE should be surprised that they are being misled by this administration.

      • WR_the_realist

        No one should be surprised that we are misled by every administration.

  • Larry Klein

    This guy is the only one standing in the way of the nation-busting lawlessness.

    • Exactly. Good for him.

    • WR_the_realist

      He’s doing what worthless senate Republicans refuse to do.

      Anyone who isn’t in contempt of congress isn’t paying attention.

  • Good for that judge. So, the administration was deliberately trying to mislead him? Really? Now, can anyone here believe that Obama would ever do such a thing? (Do I need to say I am being sarcastic? Didn’t think so.)

  • Lexonaut

    This will go all the way to the Supreme Court, but what the court decides will have no effect on what the administration does.

  • Albert

    I stand in awe of black skin privilege. Obama has been a living wrecking ball in the White House and yet remains untouchable.

    • bilderbuster

      Anyone remember the “You’ve Been Touched” elevator scene in the Brian De Palma film “The Untouchables”?

  • libertarian1234

    “……. the appeals court that oversees him ruled in a separate challenge to Mr. Obama’s 2012 amnesty for Dreamers, and ignored the president’s warnings of consequences to agents. In that case, a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that agents had ultimate discretion about whether or not to follow the new policies.”

    For the 5th Circuit to declare that the border agents could use their own discretion to decide whether or not to abide by Obama’s order is blatant judicial corruption, since he threatened them with a warning that they would pay the consequences if they didn’t do as he said. It would have been hard to believe they would be so corrupt as to disregard such an outrageous threat in past years, but not today. When the head honcho tells employees they can either do as he says or hit the road, I’m wondering what kind of robe-wearing idiot thinks they have “ultimate discretion.” Kind of like saying, “You can do as you wish if you want to die, and my administration has a thousand eyes.”

    It’s not surprising and it’s abominable. It looks like these judicial geeks are going to do as John Roberts did, which is to ignore existing law and vote in favor of Obama’s illegal activities so they’ll continue to get invited to radical leftist cocktail parties where the leftist oddballs will fawn all over them.

    Along with everything else, the judiciary has been filled with so many flakes, oddballs and misfits, the Judge Hanen types are now a rarity.

  • Hammerheart

    Poor little baby Obama is leading like a two bit African despot – threatening other people to get it done. This guy is something else. There’s virtually no difference between him and the blacklivesmatter idiots who believe if only they procure enough cardboard signs with the word ‘peace’ written on them and then parade and stomp around in the middle of the streets that things will change.

  • IstvanIN

    Not only shouldn’t the agents have any discretion in carrying out the law NEITHER should the so-called President. He swore to uphold the Constitution. He is very simply a criminal.

    • WR_the_realist

      Every president swears to uphold the Constitution. And every president ignores it.

      • Americaandthewestshouldbewhite

        The constitution is only meant to be on paper and not to be followed. Sad, but true.

  • Americaandthewestshouldbewhite

    We need more judges like Judge Andrew S Hanen.

  • WR_the_realist

    Let us all be thankful that this case is in the 5th U.S. Circuit Court, and not 9th.

  • Those unfunded mandates to states by the feds are absolutely “financial harm”.

  • Barabbas

    You left out incarceration costs.

    And is one allowed to raise the issue of costs other than economic? If an individual is raped or murdered by an illegal, is this also a ‘cost’, or does it not count?

    In the end, the feds may get away with this crime on the basis of a single word; ‘significant.’ The courts will likely rule that although there are costs to the states, they are not ‘significant’ enough to derail this criminal act.

  • Americaandthewestshouldbewhite

    Be careful Judge, odbuba will send his cronies to kill you and make it look like an accident. Then after you are gone, he will get a liberal judge who hates white America and reverse your patriotic decisions.