Federal Judge Blocks Obama's Executive Action on Illegal Immigration
By Katie Pavlich
TownHall.com
U.S. District Judge Andrew Hanen of Texas has temporarily blocked President Obama's executive action on illegal immigration by granting a request from 26 states to allow the courts to look at its constitutionality before it is implemented. The lawsuit is being headed by Texas Governor Greg Abbott.
"This case examines complex issues relating to
immigration which necessarily involve questions of
federalism, separation of powers, and the ability
and advisability, if any, of the Judiciary to hear
and resolve such a dispute," the
temporary injunction, which was issued late
Monday night, states. "This temporary injunction
enjoins the implementation of the DAPA program that
awards legal presence and additional benefits to the
four million or more individuals potentially covered
by the DAPA Memorandum and to the three
expansions/additions to the DACA program also
contained in the same DAPA Memorandum. It does not
enjoin or impair the Secretary's ability to marshal
his assets or deploy the resources of the DHS. It
does not enjoin the Secretary's ability to set
priorities for the DHS. It does not enjoin the
previously instituted 2012 DACA program except for
the expansions created in the November 20, 2014 DAPA
Memorandum."
For reference, DACA is the program President Obama
implemented in 2012 allowing illegal immigrants
brought to the United States with their parents to
stay. DAPA is President Obama's most recent program
issued through a December executive action granting
temporary amnesty to nearly five million illegal
immigrants. The federal government has been blocked
from temporarily implementing DAPA or expanding
DACA.
"President Obama abdicted 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 said in a statement. "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.'"
The lawsuit, and evaluation of President Obama's
executive action on illegal immigration, will now
have a chance to make its way through the courts.