Tuesday, February 17, 2015

Federal Court Stalls Obama's Amnesty

This is a BIG DEAL!
Federal judge stalls Obama's executive action on immigration

" A federal judge in South Texas on Monday temporarily blocked President Barack Obama's executive action on immigration, giving a coalition of 26 states time to pursue a lawsuit that aims to permanently stop the orders.

U.S. District Judge Andrew Hanen's decision comes after a hearing in Brownsville in January and puts on hold Obama's orders that could spare as many as five million people who are in the U.S. illegally from deportation.

Hanen 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.

The White House in a statement early Tuesday defended the executive orders issued in November as within the president's legal authority, saying that the U.S. Supreme Court and Congress have said federal officials can set priorities in enforcing immigration laws.

"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 statement said. An appeal would be heard by the 5th U.S. Circuit Court of Appeals in New Orleans.

The first of Obama's orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to start taking effect Wednesday. The other major part of Obama's order, which extends deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, was not expected to begin until May 19.

Joaquin Guerra, political director of Texas Organizing Project, called the ruling a "temporary setback."

"We will continue getting immigrants ready to apply for administrative relief," he said in a statement.

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. They also say the order will force increased investment in law enforcement, health care and education.

In their request for the injunction, the coalition said it was necessary because it would be "difficult or impossible to undo the President's lawlessness after the Defendants start granting applications for deferred action."

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