As NBC News explains, “President Obama’s Executive Action on immigration scheduled to take effect today has been temporarily halted by a ruling by US District Judge Andrew Hanan in Texas, affecting about 638,000 undocumented Asian Americans expected to apply for Deferred Action for Childhood Arrivals (DACA) expansion and Deferred Action for Parental Accountability (DAPA). While many Liberals, including Congressman Mike Honda disagree with the ruling, Republicans are celebrating the small victory over President Obama’s unconstitutional actions.
Judge Used Liberal Ideals to “Beat em At Their Own Game”
As Forbes shares, “The federal judge in Texas who blocked President Obama’s plans to grant residency status to millions of illegal immigrants laced his 123-page ruling with citations to U.S. Supreme Court decisions that upheld cherished liberal positions, including the rights of states to be free from the effects of global warming and the rejection of Arizona’s attempt to enforce immigration laws.”
The post goes on to explain, “In his order, U.S. District Judge Andrew S. Hanen cites Massachusetts vs. EPA, for example, the 2007 decision giving states the right to sue the Environmental Protection Agency for failing to treat atmospheric carbon as “pollution.” The 27 states suing over the White House’s immigration policy say they will be forced to expend additional tax dollars to accommodate illegal immigrants because of the government’s refusal to enforce the law; in Massachusetts vs. EPA, coastal states argued they would bear the brunt of global warming if the EPA refused to regulate carbon emissions. “No matter how one reads Massachusetts vs. EPA, it strengthens the conclusion that the States do have standing to sue for direct damages,” wrote Hanen, a George W. Bush appointee. He nevertheless said he was skeptical they could win on that basis alone.” But then, that is by far not the only citation that Hanen used in his decision, as Forbes points out.
“One of the most prominent citations is Plyler v. Doe, a 1982 chestnut from the pen of Justice William J. Brennan that struck down a Texas law prohibiting illegal aliens from attending public schools. In that decision, Brennan and the court’s four other liberals traced a path through a thicket of precedent that seemed to work against them, including decisions that refused to uphold a constitutional right to public education, refused to award federal benefits like Medicare and food stamps to illegal aliens, and even upheld higher college tuition charges for out-of-state residents. While none of those constituted violations of the Equal Protection Clause of the 14th Amendment, the Brennan court held it was unconstitutional to bar children without U.S. citizenship from public school.
The court’s then-minority conservative wing, led by Justice Warren Burger, rebelled at the stretching of civil-rights law to include children whose parents transported them illegally into the country. “The Constitution does not provide a cure for every social ill, nor does it vest judges with a mandate to try to remedy every social problem,” Burger wrote then, but he was on the losing side. And under Plyler, Texas is definitely responsible for the cost of educating the children of illegal aliens.
Hanen cites Plyler repeatedly in his order prohibiting the Obama administration from carrying out its immigration plans. All nine justices agreed that the U.S. wasn’t doing its job in preventing the flow of people across the borders, he notes, and that the federal government was the only entity with the legal authority to protect the states. In his dissent, Burger suggested if the federal government fails to deport illegal aliens, “it should bear the burdens of their presence here,” obviously an idea Hanen agrees with.”
President Vows to Appeal
According to Bloomberg, “President Barack Obama vowed to appeal the order by U.S. District Judge Andrew S. Hanen in Brownsville, Texas, and said in the meantime the U.S. won’t be taking some new applications for deferred deportation from immigrants brought to the country as children. He said the White House would prevail in court. “The law is on our side and history is on our side,” Obama told reporters at the White House. Opponents of Obama’s executive action on immigration found vindication in the order. The judge’s opinion “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,” Senator John Cornyn, a Texas Republican, said in a statement. “The fight to reverse the president’s unconstitutional overreach is not over.”
The order added fuel to a long-running battle between Republicans and Democrats in Congress on immigration and has left funding for the Homeland Security Department hanging in the balance.”
Judges Decision May Be Difficult to Change
Despite the president’s vow to appeal the decision, Yahoo News says that the judge’s immigration rebuke may be a hard one to challenge. In a story which they gt from Reuters, Yahoo posted, “President Barack Obama’s administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said.”
When Hanen made his ruling, he did not fall back on the usual arguments which have been made in the past. Hanen did not make it a constitutional debate over the immigration issues, nor did he go one on one with the President. Instead, he simply pointed out that Obama did not give public notice of his plans to change the immigration laws. As Yahoo points out, “The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.”
NBC – http://www.nbcnews.com/news/asian-america/texas-court-ruling-temporary-setback-aapi-undocumented-n308256
Bloomberg – http://www.bloomberg.com/news/articles/2015-02-17/obama-s-order-on-immigration-halted-by-federal-judge-in-texas
Yahoo News- http://news.yahoo.com/texas-judges-immigration-rebuke-may-hard-challenge-021016060.html