Judge blocks Obama's immigration moves, for now

144 views · Published 19 February 2015 · 0:25 · Indexed 20 September 2026

Channel: LOCAL 12 · 2015 · News & Politics

Watch on YouTube

HOUSTON (CBS) -- A federal judge temporarily blocked President Obama's executive action on immigration Monday, giving a coalition of 26 states time to pursue a lawsuit that aims to permanently stop the orders.U.S. District Judge Andrew Hanen's decision comes after a hearing in Brownsville, Texas, in January. It puts on hold Mr. Obama's orders that could spare as many as five million people who are in the U.S. illegally from deportation.The federal government is expected to appeal the ruling to the 5th U.S. Circuit Court of Appeals in New Orleans. The Justice Department had no immediate comment late Monday night.Hanen wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will "suffer irreparable harm in this case.""The genie would be impossible to put back into the bottle," he wrote, adding that he agreed with the plaintiffs' argument that legalizing the presence of millions of people is a "virtually irreversible" action.The first of Mr. 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 the president's action, 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 the Texas Organization Project, called the ruling a "temporary setback." "We will continue getting immigrants ready to apply for administrative relief," he said in a statement.In a 2013 ruling in a separate case, Hanen suggested the Homeland Security Department should be arresting parents living in the U.S. illegally who induce their children to cross the border illegally.The coalition, led by Texas and made up of mostly conservative states in the South and Midwest, argues that Mr. Obama has violated the "Take Care Clause" of the U.S. Constitution, which they say limits the scope of presidential power. They also say the order will force increased investment in law enforcement, health care and education.In their request for the injunction, the coalition said it was necessary because it would be "difficult or impossible to undo the President's lawlessness after the Defendants start granting applications for deferred action."Congressional Republicans have vowed to block Mr. Obama's actions on immigration 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 Mr. 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.The White House has said Mr. Obama's executive order is not out of legal bounds and that the U.S. Supreme Court and Congress have said federal officials can set priorities in enforcing immigration laws. Past U.S. Supreme Court decisions have granted immigration officials "broad discretion" on deportation matters.Others supporting Mr. Obama's executive order include a group of 12 mostly liberal states, including Washington and California, as well as the District of Columbia. 

More from this channel