Thread: Federal judge halts Obama's amnesty orders

Government 'hereby enjoined from implementing any and all aspects'

Published: 31 mins ago
Bob Unruh

A federal judge in Texas on Monday granted a temporary injunction halting President Obama’s executive-order driven amnesty program.

The ruling from U.S. District Judge Andrew Hanen ordered the government not to proceed with any portion of the Deferred Action for Parents of Americans and Lawful Permanent Residents, DAPA.

In his order the federal judge said the court found “that at least one plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a temporary injunction.”

“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 outline of plans was “set out in the Secretary of Homeland Security Jeh Johnson’s memorandum dated November 20, 2014.”

The injunction is until “a final resolution of the merits of this case or until a further order of this court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court,” the judge ordered.

He cited the Obama administration’s failure to comply with the Administrative Procedure Act.

Hanen also ordered that federal officials and agencies are further enjoined from implementing “any and all aspects or phases of the expansions (including any and all changes) to the Deferred Action for Childhood Arrivals.”

That was the program begun several years ago by Obama.

The judge also explained the defendants will be allowed to “reapproach this court for relief from this order, in the time period between the date of this order and the trial on the merits, for good cause, including if Congress passes legislation that authorizes DAPA or at such a time as the defendants have complied with the requirements of the Administrative Procedure Act.”

He scheduled a conference call for counsel following a Feb. 27, 2015, deadline for a schedule for the case to be processed.

It’s one of two pending cases challenging Obama’s amnesty.

The other actually was developed first, and was thrown out at the district court level.

But it now is on a fast track before an appellate court in Washington, D.C.

It was filed by attorney Larry Klayman of Freedom Watch, on behalf of Sheriff Joe Arpaio of Maricopa County, Arizona.

Klayman told WND he’s waiting now for the government to respond to the appellate court.

“We want the D.C. court to enter a preliminary injunction, stopping everything in its tracks,” he said. “We’re confident that they will agree with us.”

Obama’s amnesty plans are forecast to allow at least another five million illegal aliens in the U.S. to be given a legal status, where they could hold jobs, driver’s licenses – and critics say they would even be allowed to vote.

WND had reported earlier on the significance of the case, which was brought by 26 states against the federal government. It was predicted to go far beyond amnesty and immigration.

The fight will determine whether the United States can be run by a president and his decrees, or by a chief elected official who enforces the laws Congress writes, according to Mark Krikorian, chief of the Center for Immigration Studies, which watches the immigration situation.

“If I were a Republican politician, I wouldn’t even be arguing this on the basis of immigration,” he told WND in an interview. “I would be talking about this as just the latest and most egregious example of a president’s rule by decree.”

He said the coming dispute, which very well may extend into the 2016 presidential election or beyond, is going to decide “the balance of powers, whether Congress actually makes law or is an advisory body like the U.N. General Assembly, which is how Obama sees it.”

Obama already has challenged America’s laws a multitude of times, simply issuing orders to make changes to the Obamacare law, and on a variety of other issues, all without the benefit of a decision by Congress, which originally wrote the laws.

The fight over amnesty is one of two focal points – the other is Obamacare – of a letter-writing campaign to encourage GOP members of the U.S. House to replace Speaker John Boehner.

The “Dump Boehner Now” campaign allows voters to reach every single Republican House member with hard-copy letters asking them to reconsider their choice as speaker. The letter says House members had the chance to stop Obamacare and amnesty, but Boehner failed to take advantage.

Joseph Farah, WND founder and campaign organizer, set up the letters campaign. He said the opposition to Boehner is based on the Obamacare and amnesty program that voters rejected in the 2014 midterm elections.

The letter explains to members of the U.S. House that two issues have “prompted Americans to turn in droves to the Republican Party in November 2014 – Barack Obama’s blatantly unconstitutional executive action to provide amnesty to millions of illegal aliens, and the deliberately deceptive restructuring of America’s health-care system through Obamacare, which threatens to unravel the greatest health delivery system in the world.”

Pointing out that Republicans before the election “solemnly vowed to STOP this lame-duck president,” the letter states: “Now you have the power, right and duty to stop him.

“But it won’t happen with John Boehner leading you. You know this to be true. The trillion-dollar budget deal is just the latest proof that Boehner is not capable of leading the House to victory during this critical period.”

It’s because during the lame-duck Congress, Boehner agreed to Obama’s plan to continue funding for Obamacare and amnesty into 2015.

MSNBC did a report only days ago speculating on whether Hanen would halt the federal plan. MSNBC called Hanen “a critic of the Obama administration’s immigration policies.”

Worried MSNBC, “If Hanen decides against the Obama administration, he could block the implementation of the executive measures, which are scheduled to kick in Feb. 18. If that were to happen, the Department of Justice would almost certainly appeal the decision, which would then go to the Fifth Circuit Court of Appeals – yet another conservative-leaning court.”

The fact that more than half the states are participating in the case has alarmed amnesty supporters, but they still hope more and more illegals come out of the shadows and claim a place at the head of the line of those awaiting official recognition in the U.S., or at least it appears that way.

Karen Tumlin of the National Immigration Law Center told MSNBC, “People have been waiting so long for a chance to come forward and be able to work with authorization and not be looking over their shoulder all day long. We’re really trying to send the message that this should be business as usual.”

House Republicans, under Boehner, also have said they are going to take court action, but haven’t yet.

http://www.wnd.com/2015/02/federal-j...mnesty-orders/

Posted: Monday, February 16, 2015 10:41 pm

By EMMA PEREZ-TREVIÑO Staff Writer

U.S. District Judge Andrew S. Hanen tonight granted the request of Texas and 25 states to block implementation of President Barack Obama’s immigration initiatives that would have allowed about 5 million undocumented immigrants to apply Wednesday for work authorizations and extended stays.

Hanen granted the request for a preliminary injunction against implementation of the initiatives pending resolution of their lawsuit, challenging the legality of Obama executive orders.

Thus, undocumented immigrants who are eligible for the expanded Deferred Action for Childhood Arrivals (DACA) program cannot start applying on Feb. 18 for deferred removal and work authorizations.

The major development came relative to the Dec. 3 civil lawsuit that Texas and the states filed in federal court in Brownsville against the United States and members of Obama’s administration: U.S. Attorney General Eric H. Holder Jr., Department of Homeland Security Secretary Jeh Johnson, U.S. Customs and Border Protection Commissioner R. Gil Kerlikowske, U.S. Citizenship and Immigration Services Director Leon Rodriguez, U.S. Border Patrol Deputy Chief Ronald D. Vitiello and U.S. Immigration and Customs Enforcement Acting Director Thomas S. Winkowski.

Governor Abbott Statement On Executive Amnesty Ruling

AUSTIN – Governor Greg Abbott today released the following statement regarding the United States District Court for the Southern District of Texas’ decision on the lawsuit filed by a Texas-led coalition of 26 states challenging President Obama’s executive action on immigration:

“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.'”

Following President Obama’s announcement of his plan to take executive action and grant legal status to individuals illegally present in the United States, then-Attorney General Abbott filed a lawsuit challenging the President’s action on December 3, 2014. Texas was initially joined by 16 states in filing the lawsuit; that number has since grown to 26 states.

http://www.valleymorningstar.com/new...22f75dc85.html

RELATED

http://www.alipac.us/f12/abbott-fede...atives-317658/

http://www.alipac.us/f12/states-suin...ualify-317525/

House Republicans, under Boehner, also have said they are going to take court action, but haven’t yet.

Republicans in Congress need to stop this talk. Our system is not set up for one branch to sue another. If the Congress can sue the White House, then can the White House sue Congress? If the White House and Congress can sue each other, can they also sue the Courts?

Do your job. Cut off the money. Defund the DHS. Pass Marsha Blackburn's bill that acknowledges and authorizes states rights to enforce US immigration law. Pass Steve King's bill to end automatic birthright citizenship for children of illegal aliens. Exclude pregnancy coverage from Medicaid. Pass the FairTax. Pass E-Verify. Pass a 10 year moratorium on new immigration. Stand up for American Workers, American Citizens, and US taxpayers.

It's a pretty simple set of tasks the voters have sent you to Washington DC to do for us, so do it. There hasn't been a time in recent years when the gates have been more open for you to do your jobs on this issue, so do everything.

http://www.alipac.us/f12/nevada-join...ration-317066/

This may not last long.

A federal judge in Texas on Monday granted a temporary injunction halting President Obama’s executive-order driven amnesty program...


The injunction is until “a final resolution of the merits of this case or until a further order of this court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court,” the judge ordered...

http://www.alipac.us/f12/white-house...-moves-317664/

The judge made clear that his ruling does not apply to the original Deferred Action for Childhood Arrivals, or DACA, program . . .


http://www.alipac.us/f12/dhs-secreta...ruling-317669/

[ED.: unlike the U.S. lamestream media under the cone of silence, the media in Mexico acknowledge that Atty. Orly Taitz brought to court and pleaded this lawsuit.]

Judge Andrew S. Hanen, Obama's nightmare paralyzing Democrat's immigration policy

Allexia Acosta
[translated from the original Spanish]

Tuesday, 17/02/15 - 15:36

• First nominated by [Pres. George H. W.] Bush in 1992 and also in 2002 by President George W. Bush, Hanen has spent his entire career in Texas.
  
• Last year he came out against the authorities who helped reunite children who came alone to the border, with their parents or relatives in the United States.

Judge Andrew S. Hanen, Obama's nightmare
paralyzing the Democrat's immigration policy

Demands by Texas and 24 other southern states, against Obama's latest decree on immigration, could not have fallen [into] more receptive hands. It is not the first time [that] federal judge Andrew S. Hanen is deciding on these issues.

This time [he] has blocked the implementation of a decree by President Barack Obama, [which] would regularize million[s of] immigrants, or at least delay their deportation.

Just over a year ago, in December of 2013, [Judge Hanen "slapped"] the U.S. Department of Homeland Security.

The judge nominated in 2002 by the then president, Republican George W. Bush, [ruled in 2013 that] Customs and Border Protection agents 'collaborated' in smuggling children.

According to [Judge] Hanen, to facilitate the reunion of minors taken to the border by the mafias, [with] parents residing illegally in the United States, "rewards criminal behavior."

The judge [cited] at least five cases in which [CBP] agents, after arresting people recruited to take children to the United States, personally moved [the children to be] with [their] parents, who were in the United States illegally.

"The Department of Homeland Security rewards criminal behavior rather than protecting the implementation of the law. What is most worrying is that it helps parents to risk the lives of their children (...) It's just like [confiscating smuggled] drugs or weapons and personally taking them to [the] criminals who ordered their importation," he said.

Hanen's ruling came [in December of 2013,] at a time when borders flooded with children, who came just from Latin America alone, was the order of the day. There was talk of 50,000 children trapped in "immigration limbo."

Specifically, Obama's decree particularly benefits the undocumented children born in the United States or [who have resided in] the country more than five years.

The judge's view about the performance of the authorities was what led conservative activist [Atty.] Orly Taitz to sue in Hanen's court. [Last] summer, Taitz requested [an injunction against] releasing illegal immigrants from southern Texas or shipping them to other states.

Taitz asked that immigrants spend forty-two months [in custody? in quarantine?] and submit to medical tests [in order] to not create a public health hazard. But there was no case. The judge rejected the request because there was "no expert [witness]" to support allegations [by] Taitz.

Born in Illinois, Hanen, 62, has [worked] his entire career in the state of Texas. Married with a daughter, he was nominated in 1992 by President Bush (the father), but the application was unsuccessful then.

In his latest ruling on Obama's decree, Judge Hanen said "the government's inability to ensure border security has exacerbated illegal immigration to this country."

With today's decision, according to The New York Times, the judge emphasized that the Obama administration did not respect the legal procedures for the enforcement of the decree. Actually, according to the Washington Post, the decision simply means buying time.

The plaintiff states are Texas, Alabama, Arizona, Arkansas, North Carolina, South Carolina, North Dakota, South Dakota, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Ohio , Oklahoma, Utah, West Virginia, and Wisconsin [and joined by Nevada].

The complaint argued that Obama "changes the law and establishes a new policy, exceeds his constitutional authority and disturbs the delicate balance of powers."

"The constitutional overreach by President Obama is clear and very worrying," they said in their plaint.

The decree announced by Obama last November 20 extends protection against deportation to half of the 11.2 million "undocumented" [aliens] estimated [to be] residing in the United States. The measure guarantees them a work permit and [allows them to] stay for up to three years.

noticias.lainformacion.com/asuntos-sociales/inmigrantes-ilegales/el-juez-andrew-s-hanen-la-pesadilla-de-obama-que-paraliza-la-politica-migratoria-democrata_OyeeXg2QjOcQApgTD2WRD6/