Federal Judge Slaps Down Obama’s Executive Amnesty; White House Will Appeal

Federal Judge Slaps Down Obama’s Executive Amnesty; White House Will Appeal

Federal Judge Slaps Down Obama’s Executive Amnesty; White House Will Appeal

Barack Obama just had his scepter slapped.

In what’s being described as an “evisceration” of the Obama Regime’s argument that it possesses the authority and “discretion” to grant amnesty and benefits to millions of illegal aliens unilaterally, Federal Judge Andrew S. Hanen has temporarily halted Executive Amnesty. Included in a reportedly “scathing,” 123-page opinion, Judge Hanen said this:

Illegals“The DHS was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence,’ ” Judge Hanen wrote in issuing an injunction. “In fact, the law mandates that these illegally-present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.”

“While [the program] does not provide legal permanent residency, it certainly provides a legal benefit in the form of legal presence (plus all that it entails) — a benefit not otherwise available in immigration laws,” the judge wrote. “In this case, actions speak louder than words.”

“The court finds that the government’s failure to secure the border has exacerbated illegal immigration into this country,” Hanen wrote. “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.”

In short, the Executive Branch, as Mr. Obama himself has declared dozens of times over the past six years, does not have the authority to award amnesty, and the benefits of citizenry that come along with it, to millions of illegals that are eligible for deportation. More, from the Washington Times:

The president’s new plan, known as Deferred Action for Parental Accountability, announced in November, was designed to cover more than 4 million illegal immigrant parents of U.S. citizens and legal permanent residents, granting them a three-year stay of deportation, Social Security numbers and work permits to compete legally for jobs. The November order also expanded a 2012 program for so-called Dreamers, or illegal immigrants brought to the U.S. as children.

The initial Dreamer program is still in place, and covers more than 600,000 illegal immigrants, but Judge Hanen halted its expansion, as well as the new program for parents.

About 95 percent of those who applied for the 2012 Dreamer program were approved, while nobody who didn’t meet the strict criteria was — both factors that Judge Hanen said suggested this wasn’t “discretion,” but rather a new substantive legal policy that should have gone through the usual rule-making process.

Judge Hanen’s ruling hands the 26-state coalition, led by Texas, time to pursue its lawsuit, the goal being a permanent halt of Executive Amnesty.

Newly-minted Texas Governor Greg Abbott responded:

The program, due to take effect tomorrow under the direction of Homeland Security, was one of the reasons a GOP wave crashed the shores of D.C., as well as state houses and governorships across the nation, last November. The Senate Democrats continue to hold hostage the House-passed Homeland Security funding bill which has been stripped of monies to run the Pen-And-Phone-Amnesty King Obama decreed late last year. The Republicans argue it’s unconstitutional; the Democrats support their King.

This is a win for the twenty-six states suing the Federal Government on grounds of unconstitutionality. But this is only the first round, and the Obama Regime plans to appeal. But it’s unclear if those appeals will be heard and ruled upon by tomorrow. And, remember, the administration is running a “shadow immigration” program, illegally granting work permits to millions of foreigners, away from the prying eyes of Congress and We The People. So for now, it’s Liberty: 1, Overreaching Obama Regime: 0.

Stay tuned.

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