The Washington Times is reporting on a decision made by Judge Andrew S. Hanen of the Federal District Court of Brownsville, Texas, in which the Administration’s legal arguments were essentially destroyed.
While the president is claiming that he is only issuing “guidance” and using his powers of prosecutorial discretion to make decisions on a case-by-case basis, Judge Hanen called that argument “disingenuous” because it ignored what the president himself has said he is trying to do – which is to “change the law”. The judge ruled that what was really happening represented a much more substantive legal program than what his administration was arguing in court.
“The president’s new plan, known as Deferred Action for Parental Accountability, announced in November, was designed to cover more than 4 million illegal immigrant parents of U.S. citizens and legal permanent residents, granting them a three-year stay of deportation, Social Security numbers and work permits to compete legally for jobs. The November order also expanded a 2012 program for so-called Dreamers, or illegal immigrants brought to the U.S. as children,” the Times reports.
While the initial Dreamer program remains in place, and already covers more than 600,000 illegal immigrants, Judge Hanen halted its expansion along with a proposed new program for parents. His decision was based on the way the program was being implemented – by setting up certain criteria for qualification that constituted a new substantive legal policy rather than just “discretion”. Programs such as these require authorization through the usual rule-making process – i.e., Congress.
“While [the program] does not provide legal permanent residency, it certainly provides a legal benefit in the form of legal presence (plus all that it entails) — a benefit not otherwise available in immigration laws,” the judge wrote. “In this case, actions speak louder than words.”
The ruling is now causing chaos in the Department of Homeland Security who was granted “discretion by law” to grant 4.3 million illegals the status of “legal presence” under the erroneous executive order – beginning today - which they are now prohibited from doing.
The White House issued a statement this morning saying that they plan to appeal the ruling, but it’s unclear how quickly they could reverse it. However, some legal scholars believe Hanen’s injunction will be swiftly suspended by the United States Court of Appeals for the Fifth Circuit in New Orleans.
“In the immediate sense, the ruling will become a major part of the debate over homeland security funding that has roiled Capitol Hill, with Republicans insisting Mr. Obama’s actions were unconstitutional and should be halted through Congress’s spending power, and Democrats backing their president by filibustering to block funding for the Homeland Security Department altogether,” the Times reports.
The good news for those illegal immigrants who are in danger of deportation is that because of the lax enforcement of existing immigration and border security laws under the current Administration, few are likely to be deported any time soon.
White House press secretary Josh Earnest dismissed the judge’s rulings, saying that it contradicted Mr. Obama’s own lawyers who told him he was “well within his legal authority” to issue the order.
“Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe,” Mr. Earnest said early Tuesday. “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.”
According to The New York Times, Texas attorney general Ken Paxton, who is leading the states bringing the lawsuit against the Administration, hailed the judge’s ruling as a “victory for the rule of law in America and a crucial first step in reining in President Obama’s lawlessness.”
He called Mr. Obama’s actions “an affront to everyone pursuing a life of freedom and opportunity in America the right way.”
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