Tuesday, February 17, 2015

Texas federal judge temporarily blocks implementation of Obama’s executive amnesty

On Monday night, Texas federal judge Andrew Hanen granted an injunction blocking the implementation of President Obama’s executive immigration action.

“The United States of America, its departments, agencies, officers, agents and employees and Jeh Johnson, secretary of the Department of Homeland Security; R. Gil Kerlikowske, commissioner of United States customs and Border Protection; Ronald D. Vitiello, deputy chief of United States Border Patrol, United States Customs and Border Protection; Thomas S. Winkowski, acting director of United States Immigration and Customs Enforcement; and Leon Rodriguez, director of United States Citizenship and Immigration Services are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents,” the injunction states.

From Fox News:
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.

Read more....

The Texas led coalition of states in the legal challenge to Obama's immigration executive action 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, Texas, Utah, West Virginia and Wisconsin.

"The Court seriously doubts that the Supreme Court, in holding non-enforcement decisions to be presumptively unreviewable, anticipated that such "non-enforcement" decisions would include the affirmative act of bestowing multiple, otherwise unobtainable benefits upon an individual," Hanen wrote in his ruling.

"President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat, and Judge Hanen’s decision rightly stops the President’s overreach in its tracks.

‘We live in a nation governed by a system of checks and balances, and the President’s attempt to by-pass the will of the American people was successfully checked today.

"The District Court’s ruling is very clear — it prevents the President from implementing the policies in ‘any and all aspects’," Texas Gov. Greg Abbott said in a statement to Pundit Press.

"This decision is a victory for the rule of law in America and a crucial first step in reining in President Obama’s lawlessness.  The President’s action, both unilateral and unconstitutional, was an affront to everyone pursuing a life of freedom and opportunity in America the right way.

"This injunction makes it clear that the President is not a law unto himself, and must work with our elected leaders in Congress and satisfy the courts in a fashion our Founding Fathers envisioned," Texas Attorney General Ken Paxton said in a statement to Pundit Press.

"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. Those policies are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.

"The Department of Justice, legal scholars, immigration experts, and the district court in Washington, D.C. have determined that the President’s actions are well within his legal authority. Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. 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," the Obama administration said in a statement about the ruling.

"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.

"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," White House Press Secretary Josh Earnest said.

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