Posted on 02/17/2015 4:42:45 AM PST by Servant of the Cross
U.S. District Judge Andrew Hanen of Texas has temporarily blocked President Obama's executive action on illegal immigration by granting a request from 26 states to allow the courts to look at its constitutionality before it is implemented. The lawsuit is being headed by Texas Governor Greg Abbott.
@GregAbbott_TX
BREAKING: Federal Judge just granted my request to halt Obama's Executive Amnesty Order Nationwide. More later. #txlege #tcot @TexasGOP
"This case examines complex issues relating to immigration which necessarily involve questions of federalism, separation of powers, and the ability and advisability, if any, of the Judiciary to hear and resolve such a dispute," the temporary injunction, which was issued late Monday night, states. "This temporary injunction enjoins the implementation of the DAPA program that awards legal presence and additional benefits to the four million or more individuals potentially covered by the DAOA Memorandum and to the three expansions/additions to the DACA program also contained in the same DAPA Memorandum. It does not enjoin or impair the Secretary's ability to marshal his assets or deploy the resources of the DHS. It does not enjoin the Secretary's ability to set priorities for the DHS. It does not enjoin the previously instituted 2012 DACA program except for the expansions created in the November 20, 2014 DAPA Memorandum."
For reference, DACA is the program President Obama implemented in 2012 allowing illegal immigrants brought to the United States with their parents to stay. DAPA is President Obama's most recent program issued through a December executive action granting temporary amnesty to nearly five million illegal immigrants. The federal government has been blocked from temporarily implementing both.
"President Obama abdicted 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," Abbott said in a statement. "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.'"
The lawsuit, and evaluation of President Obama's executive action on illegal immigration, will now have a chance to make its way through the courts.
Have to be an idiot to know.
the excuse mcconnel was looking for
El-Presidente will just ignore the ruling as he has done in the past, without any consequence.
If this holds, our spineless US Senators need no spine.
Essentially this “parks” his executive order pending review by hte New Orleans Court of appeals which may take awhile.
Yes it is, now we need the next good one in line to follow through and shut this thing down.
It’s 8:13 AM EST has Obama flipped the bird to the judge yet?
Yeah Obama is going to follow the law. /s
He’ll have to come up with something different because the states are the ones expected to implement Obama’s royal decree and they don’t have to.
Then there will be no reason NOT to impeach the dictator and REVOLT! Remember - The Germans handed everything over to Hitler - he didn’t single-handedly seize power over them.
Fantastic. Hurrah for the few federal judges who actually still read and follow the constitution. Hurrah for Texas. Hurrah for U.S. District Judge Andrew Hanen.
In 1832, in the wake of a controversial Supreme Court ruling, President Andrew Jackson is rumored to have said, in reference to the high court’s chief justice, “John Marshall has made his decision; now let him enforce it!”
Those are Masters of the Universe glasses/power glasses.
watch out! this judge may get droned now in his car!
Very few members of the public actually get this point. The "immigration amnesty" is being put through with sheer hustle. It's a scam. Smoke and mirrors.
The immigration officials have been ordered "not to prosecute," that is, "not to deport."
“It leaves me wondering what new punishment Obama will devise for us.”
MAKE IT HURT.
I believe that if it was just an order not to enforce, the executive action would be valid. But it goes much beyond that. It basically extends the rights and benefits of a citizen on the specified illegals. That is proactive and that's what is being challenged.
Related questions:
1. Does this provide cover for Boner to fold on DHS funding?
2. Does this help Pubbie governors running for prez?
Look for the guvs to pump out past statements reminding everyone of their fealty to federalism.
Should be easy for Perry, Jindal, and Walker who each have either taken direct action or at least made strong philosophical statements. On the other hand, if you hear Bush utter the magic phrase, “...as I have always said...,” you’ll know he is doing the politician’s dance.
Bush will definitely avoid all of the three or four serious journalists who might have the temerity to ask the question. Even staying silent could hurt him - since it’s so clear he desperately wanted this thing settled in favor of open borders.
Maybe Bush will join Hillary in her undisclosed secure location until a suitable judge is found to remove the stay. Will be interesting to see how her camp reacts. Does she break radio silence?
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