A federal judge in Texas has temporarily blocked implementation of President Obama’s executive actions on immigration, saying that the president failed to adhere to basic administrative procedures when issuing orders that would have provided sweeping relief to as many as five million undocumented immigrants.
The order, which came a little before midnight from U.S. District Judge Andrew S. Hanen in Brownsville, came as little surprise to many following the legal challenge to the president’s plan. Hanen, appointed to the bench in 2002 by President George W. Bush, has been an outspoken critic of Obama’s immigration’s policies.
“The court finds that the government’s failure to secure the border has exacerbated illegal immigration into this country,” he wrote in his 123-page opinion. “Further, the record supports the finding that this lack of enforcement, combined with the country’s high rate of illegal immigration, significantly drains the states’ resources.”
As pointed out in the New York Times, the programs announced by the president in November would have offered three-year deportation deferrals and work permits to undocumented immigrants who have not committed serious crimes, have been here at least five years and have children who are American citizens or legal residents.
The first of those programs was scheduled to open the application process on Wednesday.
In December, Texas and 25 other states, including North Carolina, filed suit opposing the programs, saying that they were adopted without adequate notice and provisions for comment and that they would impose huge burdens on state budgets.
But the state of Washington and 11 others, the District of Columbia, and the mayors of 33 cities including New York, Los Angeles and Brownsville — where the case was filed — supported the president’s actions, saying that they would benefit financially if undocumented workers obtained the relief offered.
In a statement released early this morning, the White House said that the president had acted properly and consistent with decades of legal precedent.
“The Department of Justice, legal scholars, immigration experts and the district court in Washington, D.C., have determined that the president’s actions are well within his legal authority,” the White House said. “The district court’s decision wrongly prevents these lawful, common sense policies from taking effect, and the Department of Justice has indicated that it will appeal that decision.”
The case is expected to quickly ascend to the 5th U.S. Circuit Court of Appeals, where many legal experts project Hanen’s order will be reversed on standing grounds.
“Federal supremacy with respect to immigration matters makes the states a kind of interloper in disputes between the president and Congress,” Laurence H. Tribe, a professor of constitutional law at Harvard, told the New York Times. “They don’t have any right of their own.”
Read Hanen’s full decision here.