United States District Judge Andrew Hanen recently blocked President Obama’s executive action on immigration, temporarily delaying its implementation and leaving almost 5 million undocumented immigrants at risk of deportation.
Hanen, a federal judge based in Texas, which also happens to be a hotbed of immigration debate, stated that the White House’s policy does not comply with the Administrative Procedure Act, which requires prior commentary and notification before executive action is taken. He also claims that the State of Texas will be damaged by the implementation of DAPA, and that the presidential order goes beyond the reach of prosecutorial discretion. To date, a total of 26 states from across the nation have spoken out against the administration’s reform.
The Department of Justice has indicated that it will appeal Hanen’s decision, citing that the President’s order was well within his legal authority.
“The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect,” read an official statement from the White House. Administration officials claim that both Congress and the Supreme Court approved the Federal Government’s authority when it comes to immigration policy in the United States and that this particular executive order is an extension of such authority. They are stark in their contentions that Obama did not break any rule, nor did he abuse his power.
The President expects the Texas Court order to be overruled and is making preparations based on that outcome, including working closely with Jeh Johnson, the Secretary of Homeland Security, who will be responsible for coordinating and implementing the reform measures.
“The Department of Homeland Security will continue with the planning because we want to make sure that as soon as these legal issues get resolved — which I anticipate they will, in our favor — that we are ready to go,” he stated.
Attorney General Eric Holder considers the obstructive order to be an “interim step,” in a legal process that has yet to be finalized. He assured reporters present at the National Press Club that this was the decision of only one Federal District Court Judge and that the Justice Department is currently reviewing the situation.
Obama’s unilateral action last November has earned the ire of Conservatives, who view it as unconstitutional and also a blatant abuse of power. Republicans have since waged a Congressional battle designed to de-fund the Department of Homeland Security, which would in turn prevent the implementation of Obama’s executive order.
If you or someone you know needs legal counsel regarding President Obama’s executive order, contact the immigration attorneys at Lyttle Law Firm in Austin, Texas today by visiting our website, or calling us today at 512-215-5225.