HOUSTON (AP) — A federal judge in South Texas has 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.
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U.S. District Judge Andrew Hanen's decision late Monday puts on hold
Obama's orders that could spare from deportation as many as five million
people who are in the U.S. illegally.
Hanen wrote in a memorandum accompanying his order that the lawsuit
should go forward and that without a preliminary injunction the states
would "suffer irreparable harm in this case."
"The genie would be impossible to put back into the bottle," he wrote,
adding that he agreed that legalizing the presence of millions of people
is a "virtually irreversible" action.
In a statement early Tuesday, the White House defended the executive
orders issued in November as within the president's legal authority,
saying the U.S. Supreme Court and Congress have said federal officials
can establish 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.
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In this Feb. 4, 2015, file photo, President Barack …
In this Feb. 4, 2015, file photo, President Barack Obama meets with a
group of "Dreamers" in the Ova …
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 nonprofit says it promotes social
and economic equality for low to moderate income Texans.
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, and that his executive actions would be
difficult to undo once immigrants started to apply for deferred action.
They also say Obama's order would force increased investment in law
enforcement, health care and education.
Texas Attorney General Ken Paxton called the decision a "victory for the
rule of law in America" in a statement late Monday. Texas Gov. Greg
Abbott, who led the state into the lawsuit when he was the state's
attorney general, said Hanen's decision "rightly stops the President's
overreach in its tracks."
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 that
case, Hanen suggested that Homeland Security should be arresting parents
living in the U.S. illegally who induce their children to cross the
border.
Congressional Republicans have vowed to block Obama's actions 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 do not have
the 60-vote majority needed to advance most legislation.
Among those supporting Obama's executive order is 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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