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| Federal judge halts Obama’s immigration plan | Federal judge halts Obama’s immigration plan |
| (35 minutes later) | |
| The political feud over immigration reform between President Obama and his Republican critics took a dramatic turn late Monday when a federal judge in Texas temporarily blocked recent executive actions by the president, delivering a legal setback to his bid to stop the deportations of millions of illegal immigrants. | |
| U.S. District Judge Andrew S. Hanen, responding to a suit filed by 26 states, did not rule on the legality of the immigration orders Obama announced in November. But he said there was sufficient merit to warrant a suspension of the new program while the case goes forward. | U.S. District Judge Andrew S. Hanen, responding to a suit filed by 26 states, did not rule on the legality of the immigration orders Obama announced in November. But he said there was sufficient merit to warrant a suspension of the new program while the case goes forward. |
| The immediate impact appeared likely to at least delay the application process, which was to begin Wednesday for some undocumented immigrants. The White House quickly announced that the administration will appeal the ruling. | The immediate impact appeared likely to at least delay the application process, which was to begin Wednesday for some undocumented immigrants. The White House quickly announced that the administration will appeal the ruling. |
| No law gave the administration the power “to give 4.3 million removable aliens what the Department of Homeland Security itself labels as ‘legal presence,’ ” Hanen said in a memorandum opinion. “In fact the law mandates that these illegally-present individuals be removed.” | No law gave the administration the power “to give 4.3 million removable aliens what the Department of Homeland Security itself labels as ‘legal presence,’ ” Hanen said in a memorandum opinion. “In fact the law mandates that these illegally-present individuals be removed.” |
| The Department of Homeland Security “has adopted a new rule that substantially changes both the status and employability of millions,” he wrote. | The Department of Homeland Security “has adopted a new rule that substantially changes both the status and employability of millions,” he wrote. |
| Obama issued his immigration orders shortly after the midterm election, saying he could no longer wait on Congress to reform border control laws that have left more than 11 million illegal immigrants in limbo. Under his orders, the undocumented parents of U.S. citizens and permanent residents who have resided in the country for at least five years were eligible to apply for three-year reprieves from deportation. Many also could receive work permits. | Obama issued his immigration orders shortly after the midterm election, saying he could no longer wait on Congress to reform border control laws that have left more than 11 million illegal immigrants in limbo. Under his orders, the undocumented parents of U.S. citizens and permanent residents who have resided in the country for at least five years were eligible to apply for three-year reprieves from deportation. Many also could receive work permits. |
| The judge’s ruling also suspends an expansion of the president’s 2012 Deferred Action for Childhood Arrivals (DACA) program, which allows young immigrants who arrived as children but are now here legally to apply for a deportation deferral. About 700,000 people already have benefited from that program, and they will not be affected by the ruling. | The judge’s ruling also suspends an expansion of the president’s 2012 Deferred Action for Childhood Arrivals (DACA) program, which allows young immigrants who arrived as children but are now here legally to apply for a deportation deferral. About 700,000 people already have benefited from that program, and they will not be affected by the ruling. |
| As many as 5 million undocumented immigrants were said to be potentially eligible to benefit from Obama’s executive actions. | As many as 5 million undocumented immigrants were said to be potentially eligible to benefit from Obama’s executive actions. |
| The White House has said the president’s actions were based on the practice of “prosecutorial discretion,” which allows law enforcement agencies with limited resources to set priorities. | The White House has said the president’s actions were based on the practice of “prosecutorial discretion,” which allows law enforcement agencies with limited resources to set priorities. |
| “The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws — which is exactly what the president did,” White House press secretary Josh Earnest said in a statement early Tuesday. | “The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws — which is exactly what the president did,” White House press secretary Josh Earnest said in a statement early Tuesday. |
| Immigration advocates charged that Hanen, a George W. Bush appointee, had narrowly “cherry-picked” his ruling and projected confidence that the U.S. Court of Appeals for the 5th Circuit would overturn his decree, allowing the deferred-action program to move forward. | Immigration advocates charged that Hanen, a George W. Bush appointee, had narrowly “cherry-picked” his ruling and projected confidence that the U.S. Court of Appeals for the 5th Circuit would overturn his decree, allowing the deferred-action program to move forward. |
| “Our message to our members and to families who are preparing for deferred action is: Don’t panic. Keep preparing,” said Debbie Smith, associate general counsel of the Service Employees International Union, which filed a legal brief in support of the administration. “We think this is a timeout, a bump in the road.” | “Our message to our members and to families who are preparing for deferred action is: Don’t panic. Keep preparing,” said Debbie Smith, associate general counsel of the Service Employees International Union, which filed a legal brief in support of the administration. “We think this is a timeout, a bump in the road.” |
| The administration’s directives have been vigorously challenged by Republicans in Congress and nationwide, who cite them as examples of what House Speaker John A. Boehner (R-Ohio) has called Obama’s “legacy of lawlessness.” The House last summer refused to vote on a bipartisan, comprehensive immigration reform bill the Senate had approved in 2013. | The administration’s directives have been vigorously challenged by Republicans in Congress and nationwide, who cite them as examples of what House Speaker John A. Boehner (R-Ohio) has called Obama’s “legacy of lawlessness.” The House last summer refused to vote on a bipartisan, comprehensive immigration reform bill the Senate had approved in 2013. |
| The House GOP has threatened to deny funding to the Department of Homeland Security this month unless the appropriation includes provisions that would roll back the immigration orders — amendments certain to be vetoed by Obama, possibly leading to a partial DHS shutdown. | The House GOP has threatened to deny funding to the Department of Homeland Security this month unless the appropriation includes provisions that would roll back the immigration orders — amendments certain to be vetoed by Obama, possibly leading to a partial DHS shutdown. |
| Hanen’s ruling was a major, if temporary, defeat for the administration, which argued that the case should be thrown out as meritless, “based on rhetoric, not law.” | Hanen’s ruling was a major, if temporary, defeat for the administration, which argued that the case should be thrown out as meritless, “based on rhetoric, not law.” |
| “This ruling underscores what the president has already acknowledged publicly 22 times: He doesn’t have the authority to take the kinds of actions he once referred to as ‘ignoring the law’ and ‘unwise and unfair,’ ” Senate Majority Leader Mitch McConnell (R-Ky.) said Tuesday. | “This ruling underscores what the president has already acknowledged publicly 22 times: He doesn’t have the authority to take the kinds of actions he once referred to as ‘ignoring the law’ and ‘unwise and unfair,’ ” Senate Majority Leader Mitch McConnell (R-Ky.) said Tuesday. |
| Specifically, the lawsuit claimed that the president’s orders unilaterally changed federal immigration law, usurping Congress’s exclusive power to legislate, and violated the president’s constitutional duty to “take care that the laws be faithfully executed.” | Specifically, the lawsuit claimed that the president’s orders unilaterally changed federal immigration law, usurping Congress’s exclusive power to legislate, and violated the president’s constitutional duty to “take care that the laws be faithfully executed.” |
| It also said Obama violated the Administrative Procedure Act by not running his orders through the elaborate process of rule-making — including 90-day notices and comment periods — instead just pushing them through via directives. | It also said Obama violated the Administrative Procedure Act by not running his orders through the elaborate process of rule-making — including 90-day notices and comment periods — instead just pushing them through via directives. |
| “Today’s ruling reinforces what I and many others have been saying for a long time: that President Obama acted outside the law when he went around Congress to unilaterally change our nation’s immigration laws,” said Sen. John Cornyn (R-Tex.). “Today’s victory is an important one, but the fight to reverse the president’s unconstitutional overreach is not over.” | “Today’s ruling reinforces what I and many others have been saying for a long time: that President Obama acted outside the law when he went around Congress to unilaterally change our nation’s immigration laws,” said Sen. John Cornyn (R-Tex.). “Today’s victory is an important one, but the fight to reverse the president’s unconstitutional overreach is not over.” |
| The administration countered that the states would suffer no harm from the executive orders and thus they had no standing to sue. It argued, as well, that the executive branch has sufficient power over immigration, through “prosecutorial discretion,” to implement the changes just as it did. | The administration countered that the states would suffer no harm from the executive orders and thus they had no standing to sue. It argued, as well, that the executive branch has sufficient power over immigration, through “prosecutorial discretion,” to implement the changes just as it did. |
| Hanen based his temporary injunction on his belief that the administration, in making such a broad change to what current law “mandates,” at the very least did not comply with the Administrative Procedure Act’s provisions on “notice and comment.” He said the case should go forward rather than be thrown out, as the administration has urged. | Hanen based his temporary injunction on his belief that the administration, in making such a broad change to what current law “mandates,” at the very least did not comply with the Administrative Procedure Act’s provisions on “notice and comment.” He said the case should go forward rather than be thrown out, as the administration has urged. |
| Hanen said it was necessary in the meantime to stop implementation in part because not doing so could prove costly to the states. They would have to deal with suddenly legalized immigrants who “armed with Social Security cards and employment authorization documents,” would seek various government benefits and services. “Once these services are provided, there will be no effective way of putting the toothpaste back in the tube” should the states ultimately prevail on the merits. | Hanen said it was necessary in the meantime to stop implementation in part because not doing so could prove costly to the states. They would have to deal with suddenly legalized immigrants who “armed with Social Security cards and employment authorization documents,” would seek various government benefits and services. “Once these services are provided, there will be no effective way of putting the toothpaste back in the tube” should the states ultimately prevail on the merits. |
| The order was made public by Texas Gov. Gregg Abbott (R), who filed the suit Dec. 3, when he was the state’s attorney general. | The order was made public by Texas Gov. Gregg Abbott (R), who filed the suit Dec. 3, when he was the state’s attorney general. |
| “President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat,” Abbott said in a statement, “and Judge Hanen’s decision rightly stops the president’s overreach in its tracks. 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.” | “President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat,” Abbott said in a statement, “and Judge Hanen’s decision rightly stops the president’s overreach in its tracks. 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.” |
| Cecilia Wang, director of the American Civil Liberties Union’s Immigrants’ Rights Project, said in an interview that contrary to Abbott’s assertions, “it is not a constitutional ruling,” and that it hinges on whether the government “failed to follow the notice and comment requirements in the Administrative Procedures Act.” | Cecilia Wang, director of the American Civil Liberties Union’s Immigrants’ Rights Project, said in an interview that contrary to Abbott’s assertions, “it is not a constitutional ruling,” and that it hinges on whether the government “failed to follow the notice and comment requirements in the Administrative Procedures Act.” |
| The fact that the judge ruled Texas has standing to sue, but issued a nationwide injunction, Wang added, raises a question about how broad its impact really is. | The fact that the judge ruled Texas has standing to sue, but issued a nationwide injunction, Wang added, raises a question about how broad its impact really is. |
| “There’s a legal problem with that. We’ll see how this shakes out as the litigation proceeds,” she said. | “There’s a legal problem with that. We’ll see how this shakes out as the litigation proceeds,” she said. |
| Wang said that even though she was confident that the ruling would be reversed, even an eventual legal victory on Texas’s part might not mean the demise of the program. “It could result, essentially, in a do-over,” she said. | Wang said that even though she was confident that the ruling would be reversed, even an eventual legal victory on Texas’s part might not mean the demise of the program. “It could result, essentially, in a do-over,” she said. |
| Juliet Eilperin contributed to this report. | Juliet Eilperin contributed to this report. |