Author Topic: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY  (Read 1869 times)

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http://www.foxnews.com/politics/2015/02/17/federal-judge-temporarily-blocks-obama-immigration-executive-action/

Federal judge temporarily blocks Obama's immigration executive action
Published February 17, 2015
FoxNews.com


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.

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.

A statement by White House press secretary Josh Earnest restated the administration's position that Obama's executive actions were within the bounds of legality.

"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," Earnest said, later adding "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."

An appeal by the administration would be handled by the Fifth Circuit Court of Appeals in New Orleans.

Hanen, who's been on the federal court since 2002 after being nominated by President George W. Bush, regularly handles border cases but wasn't known for being outspoken on immigration until a 2013 case. In his ruling in that case, he Hanen suggested the Homeland Security Department should be arresting parents living in the U.S. illegally who induce their children to cross the border illegally.

The coalition, 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.

"Judge Hanen's decision rightly stops the President's overreach in its tracks," Texas Gov. Greg Abbott said in a statement.

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."

Congressional Republicans have vowed to block Obama's actions on immigration by cutting off Homeland Security Department spending for the program. Earlier this year, the Republican-controlled House passed a $39.7 billion spending bill to fund the department through the end of the budget year, but attached language to undo Obama's executive actions. The fate of that House-passed bill is unclear as Republicans in the Senate are six votes shy of the 60-vote majority needed to advance most legislation.

Others supporting Obama's executive order include a group of 12 mostly liberal states, including Washington and California, as well as the District of Columbia. They filed a motion with Hanen in support of Obama, arguing the directives will substantially benefit states and will further the public interest.

A group of law enforcement officials, including the Major Cities Chiefs Association and more than 20 police chiefs and sheriffs from across the country, also filed a motion in support, arguing the executive action will improve public safety by encouraging cooperation between police and individuals with concerns about their immigration status.
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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #1 on: February 17, 2015, 01:34:53 pm »
Greg Abbott        ✔ @GregAbbott_TX
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BREAKING: Federal Judge just granted my request to halt Obama's Executive Amnesty Order Nationwide. More later. #txlege #tcot @TexasGOP
10:21 PM - 16 Feb 2015
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Offline evadR

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #2 on: February 17, 2015, 01:42:33 pm »
....and this means "what" to someone who flagrantly and repeatedly violates the law!!??
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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #3 on: February 17, 2015, 03:01:52 pm »
TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY

by BOB PRICE16 Feb 20152035
Texas Federal Judge Andrew Hanen issued a temporary injunction halting the Executive Amnesty program announced last year by President Barack Obama. Texas Governor Greg Abbott and Attorney General Ken Paxton responded to the late night decision by the judge.

The ruling came in response to a lawsuit filed on December 3rd, 2014, by then Texas Attorney General Greg Abbott (now Governor Abbott) on behalf of the State of Texas. At the time of the filing, Texas was joined by sixteen other states. That number has increased to twenty-six states, more than half of the country.

In the ruling (attached below), Judge Hanen wrote, “The ultimate question before the Court is: Do the laws of the United States, including the Constitution, give the Secretary of Homeland Security (DHS) the power to take the action at issue in this case?” The judge laid out three issues to answer in this ruling: “(1) whether the States have standing to bring this case; (2) whether the DHS has the necessary discretion to institute the DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program; and (3) whether the DAPA program is constitutional, comports with existing laws, and was legally adopted.”

The Judge ruled that “at least one plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a temporary injunction.” This means that, not only can the lawsuit continue, but the judge has ordered that the President or the Secretary of Homeland Security cannot take action on the DAPA program.

“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 read.

Governor Abbott responded to the ruling handed down late Monday night. “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,” Abbott wrote in a press release obtained by Breitbart Texas. ‘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.’”

Attorney General Paxton also responded to the injunction stating, “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.”

The other states joining Texas in the lawsuit 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, Utah, West Virginia, Wisconsin.

http://www.breitbart.com/big-government/2015/02/16/breaking-texas-federal-court-issues-injunction-to-stop-obamas-executive-amnesty/
"I wish it need not have happened in my time," said Frodo.

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #4 on: February 17, 2015, 03:02:44 pm »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Relic

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #5 on: February 17, 2015, 03:04:00 pm »
It's a racist court. We're all Americans.

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #6 on: February 17, 2015, 03:05:21 pm »
....and this means "what" to someone who flagrantly and repeatedly violates the law!!??

Nothing. But he's doing the right thing. We need to allow anyone, and everyone who wants to come here in.

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #7 on: February 17, 2015, 03:45:59 pm »
....and this means "what" to someone who flagrantly and repeatedly violates the law!!??

It means that, at least for the moment, Obama's executive amnesty is DEAD,DEAD, DEAD!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline ArneFufkin

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #8 on: February 17, 2015, 03:51:07 pm »
His Highness will be displeased.

This is a just ruling and will likely be upheld by the 5th Circuit. 

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #9 on: February 17, 2015, 05:13:50 pm »
https://sg.news.yahoo.com/judge-delays-obama-immigration-order-095559123.html

Obama vows to fight immigration ruling
AFP NewsBy Andrew Beatty | AFP News – 32 minutes ago

US President Barack Obama's tactic of using executive orders to bypass a hostile Congress and drive through controversial immigration reform has run into legal trouble.

A judge in Texas has blocked an Obama order that would have protected about four million undocumented foreigners from deportation and was due to come into effect from Wednesday.

Twenty-six states -- all but two Republican-governed -- had sought an emergency injunction against the order, which is a hot political issue heading towards the 2016 presidential election.

The states had claimed Obama's move was illegal and could oblige them to provide driving licenses and other documents at great cost.

Federal judge Andrew Hanen of the US District Court in Brownsville agreed with their argument and granted a temporary injunction Monday.

"It is far preferable to have the legality of these actions determined before the fates of over four million individuals are decided," the ruling read.

The White House called the ruling wrong, saying the president had acted within his legal authority and vowed an appeal.

Obama and his Democrat allies have tried to push comprehensive immigration reform, which could eventually bring millions of new voters, many seen as likely Democrats.

"The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws," a statement said.

The White House described Obama's order as "commonsense policies to help fix our broken immigration system."

Under the Obama plan, three-year deportation deferrals and work permits were offered for undocumented immigrants who have not committed serious crimes, have been in America at least five years and have children who are American citizens or legal residents.

"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 White House said.

- 'Overreach' -

Conservative Republicans have largely opposed immigration reform, pointing to issues of security and the rule of law.

"President Obama's executive overreach on immigration poses a clear and present danger to our constitution," said House Judiciary Committee Chairman Bob Goodlatte.

"We cannot allow one man to nullify the law of the land with either a stroke of his pen or a phone call."

But advocates for immigration reform expressed confidence that Obama's actions would eventually be ruled legal.

"We are confident that the courts will ultimately side with the scores of legal experts, state leaders, city officials, and law enforcement leaders who say that these immigration initiatives are both in full compliance with law and deeply beneficial to our communities, society, and country," said Marielena Hincapie of the National Immigration Law Center.

Controversy over both executive orders and immigration reform is likely to burn on until the 2016 election.

Obama has issued a slew of executive orders -- touching on North Korea sanctions, abortion, anti-gun-violence, the environment and a host of other issues.

Republicans, who since last year's mid-term elections have controlled both the House of Representative and the Senate, accuse Obama of being authoritarian.

"The president said 22 times he did not have the authority to take the very action on immigration he eventually did, so it is no surprise that at least one court has agreed," said Republican House Speaker John Boehner.

Historians point out that previous presidents have made extensive use of executive orders.

President Franklin Roosevelt used an executive order to establish internment camps during World War II and Abraham Lincoln used two to set out the Emancipation Proclamation, according to the National Constitution Center.
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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline evadR

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Re: TEXAS FEDERAL COURT ISSUES INJUNCTION TO STOP OBAMA’S EXECUTIVE AMNESTY
« Reply #11 on: February 17, 2015, 10:13:23 pm »
Obo sez "It's just the opinion of one judge".

Hey dummy, in case you haven't noticed, it's the opinion of the majority of people in this country.
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