Judge blocks Obama's immigration executive actions

Discussion in 'News / Current Events' started by Revmitchell, Feb 17, 2015.

  1. Revmitchell

    Revmitchell
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    Texas Gov. Greg Abbott announced on Monday night that a federal judge has “granted” his request to “halt” President Barack Obama’s “Executive Amnesty Order” across the country.

    Time reporter Zeke Miller later published the temporary injunction order handed down by the United States District Court for the Southern District of Texas online.

    The order of temporary injunction states: “The reasons for this injunction are set out in detail in the accompanying Memorandum Opinion and Order, but, to summarize, it is due to the failure of the Defendants to comply with the Administrative Procedure Act.”

    The order continues: “The Court having found that at lest one Plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a Temporary Injunction hereby grants the Motion for Temporary Injunction. … The United States of America, its departments, agencies, officers, agents and employees…are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program as set out in the Secretary of Homeland Security Jeh Johnson’s memorandum dated November 20, 2014 (“DAPA Memorandum”), pending 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.”

    http://www.theblaze.com/stories/201...lt-obamas-executive-amnesty-order-nationwide/
     
  2. Revmitchell

    Revmitchell
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    I bet OBama is throwing a temper tantrum as usual
     
  3. InTheLight

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    I bet he expected this maneuver and is already three steps ahead of the opposition.
     
  4. Revmitchell

    Revmitchell
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    Judge Napolitano: Obama Executive Amnesty ‘Absolutely Dead’ After Texas Judge Blockad

    Reacting on “The Kelly File” Tuesday to a federal judge’s blocking of President Obama’s executive action on immigration, which was set to award work permits to four million illegals, Judge Andrew Napolitano called the court’s decision “devastating” for the Obama administration’s agenda.

    Napolitano also told Fox News’ Megyn Kelly that “the Obama amnesty plan is dead,” explaining that he does not believe that the conservative Fifth Circuit Court of Appeals will interfere with the federal judge’s decision. The Fox News judicial analyst added that the Supreme Court will probably not take up the case. (RELATED: Federal Judge Blocks Obama’s Amnesty)

    “This is devastating for the administration,” Napolitano said. “This is a preliminary injunction which means the court viewed the court’s documents and challenger’s documents…and he made two conclusions. 1) At the end of the case, the challengers will probably prevail, meaning the president probably overstepped his bounds and he has ordered the Department of Homeland Security to create new law.

    “And 2) if he does not impose the temporary restraints that he imposed last night, actually, irreparable harm will be visited upon the 26 states,” Napolitano explained.

    “In my opinion, the Obama amnesty plan is dead. Absolutely dead,” Napolitano told Kelly. “I don’t think the appeals court will interfere with this decision, And I think it will take this trial judge for the duration of President Obama’s term to rule on this with finality.”

    “It is now the most conservative circuit court of appeals in the United States. They will not interfere,” Napolitano said. “This opinion reads like a treatise on the government’s inappropriate behavior on this case.”

    http://dailycaller.com/2015/02/17/j...bsolutely-dead-after-texas-judge-blockade/?EL
     
  5. Revmitchell

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    .....The most crucial decision made by Judge Hanen in this early stage of the lawsuit is that, contrary to the Justice Department’s claim, the states are legally allowed to bring this lawsuit because they are going to suffer concrete, measurable costs from the Deferred Action for Parents of Americans and Lawful Permanent Residents program, that is to say, they have standing. For example, it will cost states millions of dollars in mandatory fees set by federal law when these states have to process additional driver’s licenses. The federal government had tried to argue these fees were “self-inflicted” because states could simply deny licenses to illegals–but based upon other cases the Department of Justice has brought, it is clear that the administration doesn’t want states like Arizona to be able to have that option. It’s a bit like Henry Ford’s sales pitch: “Any customer can have a car painted any color that he wants as long as it is black.”

    As Hanen pointed out, “legalizing the presence of millions of people is a ‘virtually irreversible’ action once taken.”

    Hanen points out further irony by citing a question from a Department of Homeland Security civics test for naturalization applicants. At the very same time the administration is asserting power over state driver’s licenses because of federal authority over immigration, the Department’s test tells applicants that one of the powers that “belong to the states” (not the federal government) is giving out driver’s licenses.

    Hanen’s lengthy opinion provides an extensive, well-researched, well-written review of the history of the Obama administration’s actions in the immigration area and points out the many problems caused by its lack of enforcement and overriding of federal immigration law. Hanen agrees that Homeland Security does have discretion “in the manner in which it chooses to fulfill the expressed will of Congress” in federal immigration law. But it cannot “enact a program whereby it not only ignores the dictates of Congress, but actively acts to thwart them.” In fact, the Homeland Security secretary “is not just rewriting the laws; he is creating them from scratch.”

    The states don’t disagree that the federal government has exclusive jurisdiction over immigration, but they argue “that the Government has abandoned its duty to enforce the law.” Hanen concludes that “this assertion cannot be disputed.” In fact, “if one had to formulate from scratch a fact pattern that exemplified the existence of standing due to federal abdication, one could not have crafted a better scenario.”



    http://dailysignal.com/2015/02/17/j...=social&utm_campaign=thf002172015JUDGEAMNESTY
     
  6. HankD

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    If the Obama plan is overthrown he still wins:

    He can always say "I tried, but the Republicans wouldn't let me help the "huddled masses".

    HankD
     
  7. Doubting Thomas

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    The thing is most Americans don't want Obama to "help the 'huddled masses'", at least not in the way he envisions.
     
  8. Alcott

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    I doubt if he cares whether his order sticks or goes. This is just a move to keep the Undocumented Democrats aware of who they are beholden to.
     

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