A federal judge late Monday temporarily blocked President Obama’s executive action designed to shield millions of immigrants from deportation, according to the Associated Press.
U.S. District Judge Andrew Hanen wrote that 26 states that filed a lawsuit against the action would “suffer irreparable harm,” without a preliminary injunction, The Associated Press reported.
"The genie would be impossible to put back into the bottle," the Judge Hansen wrote.
That order had been set to go into effect on Wednesday.
As our friend Matt Boyle of Breitbart noted, the Judge ruled that “at least one plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a temporary injunction.”
This means that, not only can the lawsuit continue, but the judge has ordered that the President or the Secretary of Homeland Security cannot take action on the DAPA program.
“The United States of America, its departments, agencies, officers, agents and employees and Jeh Johnson, secretary of the Department of Homeland Security; R. Gil Kerlikowske, commissioner of United States customs and Border Protection; Ronald D. Vitiello, deputy chief of United States Border Patrol, United States Customs and Border Protection; Thomas S. Winkowski, acting director of United States Immigration and Customs Enforcement; and Leon Rodriguez, director of United States Citizenship and Immigration Services are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents,” Boyle reports the injunction read.
The Obama White House was quick to respond. “The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws—which is exactly what the President did when he announced commonsense policies to help fix our broken immigration system,” White House spokesman Josh Earnest said in a statement early today. “Those policies are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.”
Judge Hanen’s decision will be greeted by many Republicans and conservatives as great news – or maybe it isn’t.
It sets a terrible political precedent because it gives an incentive to weak-kneed Republicans in Congress to try to punt every disagreement with President Obama to the courts, and in this specific case it may give Capitol Hill Republicans an escape hatch to avoid using their constitutional power of the purse to defund Obama’s unconstitutional executive amnesty plan.
According to Federalist No. 78, the federal courts have a duty to interpret and apply the Constitution, and to disregard any statute that is inconsistent with the Constitution:
The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. . . .
But Obama’s executive amnesty isn’t a “law,” in fact it isn’t even an executive order that might be interpreted as a “law.” Instead it is a series of unlawful acts by what the Founders referred to as a “usurper” and the proper constitutional remedy for that is impeachment.
We welcome Judge Hanen’s decision because it slows and perhaps may even stop Obama’s unconstitutional executive amnesty. But the judge’s decision, brought about by principled conservative Attorney’s General and Governors, is a desperate substitute that we welcome only because Republican leaders in Congress have failed to do the job the Framers of the Constitution envisioned for them.
To read more about Judge Hanen's decision see Matt Boyle's article "Texas Federal Court Issues Injunction To Stop Obama's Executive Amnesty."