Texas Federal Judge Halts Obama’s Executive Action

By Joe Guzzardi
February 17, 2015

Legal scholars call “historic” Texas Federal Judge Andrew S. Hanen’s decision to temporarily block President Obama from implementing his November executive immigration, previously scheduled to begin February 18. Rarely, they say, does the federal court enjoin the United States president in his White House executive actions. But Judge Hanen found that Obama sought to profoundly change immigration law without congressional approval, had not complied with the basic administrative procedures to impose such sweeping changes and had, in the process, exceeded his Executive Branch authority.

The back story in a nutshell: 26 states, led by Texas, filed a lawsuit claiming that if Obama’s executive action goes forward, the states would be irreparably damaged. Obama proposes to circumvent Congress, give five million illegal aliens temporary legal status, access to work permits and social service benefits, the financial burden of which the states must assume.

With already strained budgets, the states’ governors argued they cannot afford to add more people to their welfare rolls or hire staff to accommodate thousands more applications. Judge Hanen ruled that Obama’s failure to adequately protect the border had already “exacerbated illegal immigration,” and feared that if Obama’s program went ahead, it would be irreversible, and create a continuous flow of illegal immigration. Last summer, Judge Hanen said that Obama’s refusal to deport unlawful aliens “endangers America” and “represents an open invitation to the most dangerous criminals in society.” Citing his first- hand observations from the border city of Brownsville, TX. Judge Hanen said he based his conclusions in part on “a measurable level of common sense.”

In his review process, Judge Hanen rejected the Obama administration’s argument that the president acted within the law and pursuant to previous president’s immigration interventions, specifically those of Ronald Regan and George W. Bush.

But Regan and Bush’s efforts were to clarify ambiguities in congressionally-passed immigration laws; Obama’s is in response to Congress’ failure to pass a law, and would apply to millions, not the small handful Regan and Bush’s measures affected.

Judge Hanen was equally unimpressed with White House’s other talking points—and with good reason since the facts belie them. Obama argues that by protecting five million illegal immigrants from deportation, the Department of Homeland Security can focus on removing criminal aliens. Obama’s legal staff also says that legalizing unlawful immigrants will improve the economy, help American workers, increase salaries and that the taxes they pay on their incomes will boost local governments’ coffers.

However, during his six years in office, Obama hasn’t demonstrated the slightest interest in deporting criminal aliens. In fact, in 2013, Immigration and Customs Enforcement released 36,000 criminal aliens including many convicted of murder, sexual assault, and kidnapping. Since his inauguration, the Obama economy has created 9.3 million new jobs, but 18 million work-authorized immigrants have arrived to take those jobs, thus contributing to the vanishing American middle class. Finally, once armed with social security numbers, immigrants will likely, not as Obama insists, pay taxes. They will instead qualify for an IRS program that will allow them to collect as much as $24,000 for a family of four if they file retroactively.

After he spent a month reviewing hundreds of pages of documents and speaking with representatives from both sides, Judge Hanen reached his decision. While the judge’s conclusion encourages enforcement advocates, the White House will file an emergency appeal in the New Orleans Fifth Circuit Court of Appeals.  The facts that support Texas and the other 25 states won’t change, but the appeals court interpretation of them may.

In the meantime, the preliminary injunction gives Senate Democrats cover, if they seek it, to vote yea on the House DHS bill before the February 27 deadline that would defund Obama’s now wounded executive action.

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Joe Guzzardi is a Californians for Population Stabilization Senior Writing Fellow. Contact him at [email protected]