Federal judge stalls Obama's executive action on immigration

[alp227]

Source: AP

HOUSTON (AP) — A federal judge temporarily blocked President Barack Obama's executive action on immigration Monday, 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 puts on hold Obama's orders that could spare as many as five million people who are in the U.S. illegally from deportation.

The federal government is expected to appeal the ruling to the 5th U.S. Circuit Court of Appeals in New Orleans. The Justice Department had no immediate comment late Monday night.

Hanen's decision will not have any immediate effect because 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 — is not set to start taking effect until Feb. 18. 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, is not expected to begin until May 19.

Read more: http://bigstory.ap.org/article/44bf032f52ba449b9fae773725ff9b61/federal-judge-stalls-obamas-executive-action-immigration

[TomCADem]

1. Of course, left unsaid is how would such a ruling work?

The executive branch is exercising its discretion not to focus on deporting certain classes of people in favor of other classes of people. Is the judge really expecting that he can compel or micro-manage who the INS chooses to use its limited resources to deport?

http://www.nytimes.com/2015/02/18/us/obama-immigration-policy-halted-by-federal-judge-in-texas.html?_r=0

Judge Hanen, who was appointed in 2002 by President George W. Bush, has excoriated the Obama administration’s immigration policies in several unusually outspoken rulings. The president's supporters have said that Texas officials, who are leading the states’ lawsuit, were venue shopping when they chose to file in Brownsville.

But at a hearing on Jan. 15, Judge Hanen said Brownsville, which sits on the border with Mexico, was an appropriate venue for the suit because its residents see the impact of immigration every day. “Talking to anyone in Brownsville about immigration is like talking to Noah about the flood,” Judge Hanen said.

In a lengthy and colorful opinion last August, Judge Hanen departed from the issue at hand to accuse the Obama administration of adopting a deportation policy that “endangers America” and was “an open invitation to the most dangerous criminals in society.”

* * *

While acknowledging that he had no jurisdiction to alter policy, Judge Hanen said he relied on his “firsthand, in-the-trenches knowledge of the border situation” and “at least a measurable level of common sense” to reach his conclusions about the case.

[davidpdx]

2. Great, a real conservanut

It's easy to guess the outcome on that one. Hopefully the 5th Circuit will step in and stop him.

[TexasTowelie]

3. It's the Fifth Circuit Court of Appeals

where conservanuts grow on trees so I doubt that they will overturn the judge's injunction. This will end up at the Supreme Court.

[davidpdx]

4. Crap

That's exactly what they want too. You don't have to be a psychic to predict how every decision is going to come out as the case goes down the line. I think this one is bound to be overturned.

[still_one]

17. If it goes to the SC it actually will determine if Executive Actions are legal.

[davidpdx]

32. Yeah I know

That is fucked up!

[Cha]

5. Damn.. How can they halt a legal EO?

[alp227]

6. The plantiffs must've demonstrated enough standing.

The article's been updated, the 3rd & 4th paras:

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.

[Cha]

7. Ah the ol "virtually irreversible" action.. hoping the O Admin wins the Lawsuit! mahalo alp~

[SunSeeker]

8. OFFS. What irreparable harm? They're ALREADY HERE.

What is the irreparable harm to the state of a mom not being deported?

It is this racist judge's blocking of the Executive Order that causes irreparable harm. A mom's deportation would make her kids destitute wards of the state. Now THAT is some harm!

[alp227]

9. Right wing talk radio/blogs have already made the "irreparable harm" case,

with the basic anti immigrant vitriol such as:
- immigrants taking jobs away from US citizens,
- immigrants causing crime (another argument about the harms of legalizing undocumented immigrants),
- immigrants straining school systems, hospitals, etc.

[SunSeeker]

11. But this EO explicitly puts reources into deporting criminals.

Mr. Obama said he was using executive powers to focus enforcement agents on deporting serious criminals and those posing threats to national security. Three-year deportation deferrals and work permits were offered for undocumented immigrants who have not committed serious crimes, have been here at least five years and have children who are American citizens or legal residents.

As part of the package, Homeland Security Secretary Jeh Johnson also established new priorities, instructing enforcement agents to concentrate on deporting the most dangerous criminals, including terrorists and gang members, as well as migrants caught crossing the border illegally.

http://mobile.nytimes.com/2015/02/18/us/obama-immigration-policy-halted-by-federal-judge-in-texas.html

And since under the EO we won't be wasting money deporting hard working moms, there will be more money to deport criminals.



Geez, I get so sick of the racist, counter-productive stupidity of these right wing assholes.

[alp227]

12. I know. But the absolutist position of the right is: If you're illegal, you need to go.

Doesn't matter if the illegal alien was a "HARD WORKER" (don't conservatives preach about "lifting yourself up by your own bootstraps&quot cuz THE LAW IS THE LAW. I've seen this "Build the wall, deport 'em all" graphic in Freeperville before. Of course, this fantasy of "DEPORT 'EM ALL" (as opposed to prioritizing the deportation of gang members and such) is counter productive. Whether the PATRIOT Act in 2001 or the fear of immigrants now, the right has sold authoritarianism through fear.

[SunSeeker]

13. Funny how their authoritarianism disappears when it comes to corporate criminals.

When it comes to the people who actually did destroy our economy, instead of crying "the law is the law," it's all about getting rid of "red tape" and "burdensome regulations."

[Cha]

31. Thank you for your posts, SunSeeker!

"Geez, I get so sick of the racist, counter-productive stupidity of these right wing assholes."

[24601]

28. That is the fundamental question - is it a legal EO? It's not the job of the courts to save the

from bad law or bad policy, just illegal and/or unconstitutional ones - whether they are good, bad or neutral.

In this case, the EO implements existing federal law. So step one is determining if the underlying law is constitutional. It probably is, so move on to step two - does the law permit the President the discretion he claims. If so, he wins. If not, step three - does the Constitution grant the President the discretion that he claims and upon which a law cannot infringe? If yes, he wins. If not, he loses and Congressional action is required to implement what he wants.

[Yo_Mama]

29. It wasn't an Executive Order!

Here's the judge's opinion:
https://www.documentcloud.org/documents/1668197-hanen-opinion.html

On page 6:

Regardless of the fact that the Executive Branch has made public statements to the contrary, there are no executive orders or other presidential proclamations or communiques that exist regarding DAPA. The DAPA Memorandum issued by Secretary Johnson is the focus in this suit.

[SunSeeker]

10. Andrew S. Hanen is a fucking racist pig of a judge.

To him, all of these immigrants are dangerous "criminals." He claims they are like a "flood" -- i.e. not people but a catastrophe. He actually says all this in his published opinions:

Judge Hanen, who was appointed in 2002 by President George W. Bush, has excoriated the Obama administration’s immigration policies in several unusually outspoken rulings. The president's supporters have said that Texas officials, who are leading the states’ lawsuit, were venue shopping when they chose to file in Brownsville.

But at a hearing on Jan. 15, Judge Hanen said Brownsville, which sits on the border with Mexico, was an appropriate venue for the suit because its residents see the impact of immigration every day. “Talking to anyone in Brownsville about immigration is like talking to Noah about the flood,” Judge Hanen said.

In a lengthy and colorful opinion last August, Judge Hanen departed from the issue at hand to accuse the Obama administration of adopting a deportation policy that “endangers America” and was “an open invitation to the most dangerous criminals in society.”

http://mobile.nytimes.com/2015/02/18/us/obama-immigration-policy-halted-by-federal-judge-in-texas.html

[bigdarryl]

14. If I was Obama I would say fuck the judge I'm still carrying out the Executive Order

[still_one]

18. He won't, and he can't. He will appeal the judges ruling though.

[android fan]

19. He can ignore the moronic judge - his Executive Orders is unilateral.

And order the Department of Justice to begin proceedings to remove the judge from his seat.

Remember the Unitary Executive...

Yeah, me too...

[still_one]

20. This is a federal judge. It needs to be appealed. There is a process. Sure, he can ignore it

but I don't think he will

[Calista241]

22. I suppose he could instigate a Constitutional Crisis

But that would be dumb when he has other avenues to reverse the ruling.

[still_one]

24. That is exactly what I think would happen

[RBInMaine]

15. I LOVE IT! The RePUKES won't get a single Hispanic vote in 2016. They are cutting their own throats.

[Guaguacoa]

25. Sorry. Since 36% of latinos voted for anti amnesty, conservative people in the mid terms

I don't think it will matter. The lines have already been drawn in the latino community and I don't think it will change anything. As a mexican who has lived in the US, in areas where there are a lot of legal and illegal immigrants, I will tell you that there is not 100% of latinos that support amnesty. There are legal immigrants that resent it. Just pointing that out, not all latinos are alike just like not all white people in the us are. That percentage, 36% is not close to a majority, but it's still over a third.

That's one problem with democrats, they tend to put all latinos in the same box. What's the answer? I don't know, but you just can't court all as being carbon copies of each others.

[still_one]

16. Well it is too late. Yes, it will stop the implementation of the executive order for now, but the

republicans have sealed their fate with Hispanic Americans for a long time to come

[Guaguacoa]

26. There was already a separation of the latino community. If you research you will find

36% voted for conservative, anti amnesty candidates in the midterms. I think this will further cement the gap, not change it. Latinos are separated on the issue, especially legal immigrants and those waiting for legal immigration, both the left and the right ignore that. It just takes looking at the votes during midterm.

Typically the presidential vote carries more latino voters, mccain got 31% and romney 27%, but amnesty was more of an issue during midterms and conservatives carried 36%. So while the majority are democrats still close to 1/3 (close I said) vote conservative I think amnesty is more of an issue. I don't believe at all midterms was a protest vote as nobody in their right mind would protest amnesty not happening by voting for people flatly against it. Amnesty is a polarizing issue even in the latino community.

Just pointing it out, I did a post on it a while back. Democrats take for granted the latino vote, but there is a percentage that vote conservative. I don't know the answer, but it would help to work on that percentage.

[still_one]

27. Thanks for the info. It is more than just immigration, it extends to racial profiling

I think sites such as Florida, Texas, Arizona, New Mexico may prove interesting in 2016

[Guaguacoa]

30. I agree.nt

[mountain grammy]

21. Republican appointments to the bench.. the gifts that keep on giving

the haters and racists the strength to carry on.

[treestar]

23. President does not have to obey that

There is no standing if he has not done anything yet.