http://www.wnd.com/2015/02/federal-judge-halts-obamas-amnesty-orders/
WND EXCLUSIVE
Federal judge halts Obama's amnesty orders
Government 'hereby enjoined from implementing any and all aspects'
Published: 8 hours agoA federal judge in Texas on Monday granted a temporary injunction halting President Obama’s executive-order driven amnesty program.
The ruling from U.S. District Judge Andrew Hanen ordered the government not to proceed with any portion of the Deferred Action for Parents of Americans and Lawful Permanent Residents, DAPA.
In his order the federal judge said the court found “that at least one plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a temporary injunction.”
“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 … ”
The outline of plans was “set out in the Secretary of Homeland Security Jeh Johnson’s memorandum dated November 20, 2014.”
The injunction is until “a final resolution of the merits of this case or until a further order of this court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court,” the judge ordered.
He cited the Obama administration’s failure to comply with the Administrative Procedure Act.
Hanen also ordered that federal officials and agencies are further enjoined from implementing “any and all aspects or phases of the expansions (including any and all changes) to the Deferred Action for Childhood Arrivals.”
That was the program begun several years ago by Obama.
The judge also explained the defendants will be allowed to “reapproach this court for relief from this order, in the time period between the date of this order and the trial on the merits, for good cause, including if Congress passes legislation that authorizes DAPA or at such a time as the defendants have complied with the requirements of the Administrative Procedure Act.”
He scheduled a conference call for counsel following a Feb. 27, 2015, deadline for a schedule for the case to be processed.
In Austin, Texas Gov. Greg Abbott said, “President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat, and Judge Hanen’s decision rightly stops the president’s overreach in its tracks. We live in a nation governed by a system of checks and balances, and the president’s attempt to by-pass the will of the American people was successfully checked today. The district court’s ruling is very clear – it prevents the president from implementing the policies in ‘any and all aspects.’”
It’s one of two pending cases challenging Obama’s amnesty.
The other actually was developed first, and was thrown out at the district court level.
But it now is on a fast track before an appellate court in Washington, D.C.
It was filed by attorney Larry Klayman of Freedom Watch, on behalf of Sheriff Joe Arpaio of Maricopa County, Arizona.
Klayman told WND he’s waiting now for the government to respond to the appellate court.
“We want the D.C. court to enter a preliminary injunction, stopping everything in its tracks,” he said. “We’re confident that they will agree with us.”
Obama’s amnesty plans are forecast to allow at least another five million illegal aliens in the U.S. to be given a legal status, where they could hold jobs, driver’s licenses – and critics say they would even be allowed to vote.
WND had reported earlier on the significance of the case, which was brought by 26 states against the federal government. It was predicted to go far beyond amnesty and immigration.
The fight will determine whether the United States can be run by a president and his decrees, or by a chief elected official who enforces the laws Congress writes, according to Mark Krikorian, chief of the Center for Immigration Studies, which watches the immigration situation.
“If I were a Republican politician, I wouldn’t even be arguing this on the basis of immigration,” he told WND in an interview. “I would be talking about this as just the latest and most egregious example of a president’s rule by decree.”
He said the coming dispute, which very well may extend into the 2016 presidential election or beyond, is going to decide “the balance of powers, whether Congress actually makes law or is an advisory body like the U.N. General Assembly, which is how Obama sees it.”
Obama already has challenged America’s laws a multitude of times, simply issuing orders to make changes to the Obamacare law, and on a variety of other issues, all without the benefit of a decision by Congress, which originally wrote the laws.
The fight over amnesty is one of two focal points – the other is Obamacare – of a letter-writing campaign to encourage GOP members of the U.S. House to replace Speaker John Boehner.
The “Dump Boehner Now” campaign allows voters to reach every single Republican House member with hard-copy letters asking them to reconsider their choice as speaker. The letter says House members had the chance to stop Obamacare and amnesty, but Boehner failed to take advantage.
Joseph Farah, WND founder and campaign organizer, set up the letters campaign. He said the opposition to Boehner is based on the Obamacare and amnesty program that voters rejected in the 2014 midterm elections.
The letter explains to members of the U.S. House that two issues have “prompted Americans to turn in droves to the Republican Party in November 2014 – Barack Obama’s blatantly unconstitutional executive action to provide amnesty to millions of illegal aliens, and the deliberately deceptive restructuring of America’s health-care system through Obamacare, which threatens to unravel the greatest health delivery system in the world.”
Pointing out that Republicans before the election “solemnly vowed to STOP this lame-duck president,” the letter states: “Now you have the power, right and duty to stop him.
“But it won’t happen with John Boehner leading you. You know this to be true. The trillion-dollar budget deal is just the latest proof that Boehner is not capable of leading the House to victory during this critical period.”
It’s because during the lame-duck Congress, Boehner agreed to Obama’s plan to continue funding for Obamacare and amnesty into 2015.
MSNBC did a report only days ago speculating on whether Hanen would halt the federal plan. MSNBC called Hanen “a critic of the Obama administration’s immigration policies.”
Worried MSNBC, “If Hanen decides against the Obama administration, he could block the implementation of the executive measures, which are scheduled to kick in Feb. 18. If that were to happen, the Department of Justice would almost certainly appeal the decision, which would then go to the Fifth Circuit Court of Appeals – yet another conservative-leaning court.”
The fact that more than half the states are participating in the case has alarmed amnesty supporters, but they still hope more and more illegals come out of the shadows and claim a place at the head of the line of those awaiting official recognition in the U.S., or at least it appears that way.
Karen Tumlin of the National Immigration Law Center told MSNBC, “People have been waiting so long for a chance to come forward and be able to work with authorization and not be looking over their shoulder all day long. We’re really trying to send the message that this should be business as usual.”
House Republicans, under Boehner, also have said they are going to take court action, but haven’t yet.
Texas Attorney General Ken Paxton said the decision was a victory.
“And a crucial first step in reining in President Obama’s lawlessness,” he added.
Klayman has explained it’s not a case mainly about immigration.
“This is fundamentally about the rule of law and our constitutional system,” he said.
“I know we would prefer, like all conservatives and patriots, to have a clear ruling that executive overreach by any president is a dangerous injury to our Constitution. Lawyers do recognize, however, that courts try to find the easiest way to reach a result. We hope to reach a ruling that the executive branch cannot rewrite the nation’s laws whether they go through the Administrative Procedures Act process or not,” Klayman said.
In an accompanying 123-page memorandum, Hanen wrote about the states’ interest in not allowing “their own resources” to be drained by the “constant influx of illegal immigrants.”
He found “States ultimately bear the brunt of illegal immigration.”
The opinion noted specifically that Washington “maintains that none of the plaintiffs have standing to bring this injunctive action. The states disagree, claiming that the government cannot implement a substantive program and then insulate itself from legal challenges by those who suffer from its negative effects.”
The judge noted the reality of the immigration situation.
“When apprehending illegal aliens, the government often processes and releases them with only the promise that they will return for a hearing if and when the government decides to hold one. In the meantime, the states – with little or no help from the government – are required by law to provide various services to this population.”
He continued, “It is indisputable that the states are harmed to some extent by the government’s action and inaction in the area of immigration.”
The judge said Obama’s program isn’t only a situation where there aren’t enough resources, so program managers pick and choose which cases to handle. Washington’s current program “is an announced program of non-enforcement of the law that contradicts Congress’ statutory goals.”
“The DHS does have discretion in the manner in which it chooses to fulfill the expressed will of Congress. It cannot, however, enact a program whereby it not only ignores the dictates of Congress, but actively acts to thwart them,” the judge said.
Replies
Obama's throne, dictatorial actions, treasonous behavior, and destructive path for America is being chipped away. The United States Constitution "will stand" the onslaught of criminal and self-serving motivations, no matter where they come from...why? Because we are a nation of laws, endowed by our Creator, and trust God to give us the answers in His time.
I hope and pray you are right Sir. I was with you at "American Spring"...one of the few!
I too hope and pray u r right
I know may see him finally for who and what he is HOW DO U GO GOLFING WHEN MEN ARE BEING MURDERED ONLY SOMEONE WHO WANTS ISIS TO WIN AND AMERICA TO END THATS WHO HE IS
A DISGRACE TO THE OFFICE
I TOO WAS AT OAS GOD BLESS U
Congress is just as guilty as Obama is for the demise of America. They have tacitly permitted him to get away with his lawlessness for over 6 years now, with virtual impunity. They knew before the 2008 election that he was not a natural born citizen of the U.S., and did nothing, despite the outcries from many of their constituents. Since that election, he has committed well over 150 acts of lawlessness, many of which are treasonous. Congress had the tools to stop him at every step, and failed to do so. I also believe that our own military is responsible for not arresting and court martialing him years ago. Now that Obama has purged most of the true American patriots from the military, I doubt that will ever happen. Lastly, it is we, the people, who are responsible for twice electing a muslim alien to the highest office in the land, and failing to remove him from the White House by arresting him and trying him for treason. This whole country, including the judicial system, is patently corrupt, and I can only pray that one or more of the groups planning to completely reorganize our government, thereby returning us to the system given to us by the founders of our amazing U.S. Constitution, will be successful. The government that is in place now was usurped by criminals, and currently bears little resemblance to our Constitution.
It's about time
It won't stand. Another Judge will strike the ruling.
You are so right and if it does he will find another way to get around it because it will go to the Supreme court and that will take forever. In the meantime he will just continue to do what he wants. The Republicans have shown no backbone since giving such a big win so now they are doing their same old same old which is NOTHING> No way to win back this country, it is too late, people too damn lazy to fight for it. Not like in my day, being 81 I saw Americans that were ready to stand up and speak out but that is gone . All that is done is a lot of yadda, yadda, blogging and they think that is all they have to do. Got news for everyone, get some GUTS, get the hell out and go to town meetings, school board meetings and find out what your kids and grandkids are really learning. It has to start someplace and from the bottom up is a good start. Weed them out at that level and then maybe we can get our count ry back.
I don't even trust the SCOTUS to do the right thing. They've proven they've been bought out with rulings on Obamacare, Gay Marriage, etc.
As for what it will take to get the Republic back. It will take people to American up and hit the streets across America, in numbers so massive and willing to stay until the entire US Government is vacated and new elections are held to fill posts.
Every single member of Congress is culpable in usurpation and aiding and abetting an active Coup from within the White House. From Obama and Biden and all the way down the food chain, all must face justice and imprisonment. Those at the head of the usurpation and coup must be publicly tried, sentenced and executed for the World to see how we deal with such Treason. Silence is consent.
Some Conservatives are also planning their own usurpation, with a Ted Cruz candidacy. Marco Rubio, another ineligible is considering a run. If we are true to our rhetoric and Patriotism, we will oppose it with as much vigor as we will oppose Hillary Clinton and did Barack Obama's illegal candidacy.
We must stand and defend our children's and grandchildren's minds and futures. They have been brainwashed in to a complete misunderstanding of what this Country's core law and values are. The first being the separation of Church and State that is being used to take God out of everything, not only in Government, but in our own private lives. The second is that they have created the fallacy that we are a Democracy, when in fact we are a Republic. A Democracy rules by brute force of the majority and a Republic protects the minority by strict laws put in place that prevent the majority from imposing a Dictatorship and taking the rights of Americans.
Of course we must be involved in our children's schools and the Communities because this is where they are indoctrinating a generation and guaranteeing the sabotage of the Founder's intent and vision for this Country. However, the only way to begin the bigger job is for the people to unite in numbers so massive that the Federal Dictatorship will have no choice but to meet our will.
I fear however that we have gone too far down the worm hole, made too many excuses, are too afraid of our own shadows to do anything but what we have been doing, which is hiding in our own fake Worlds, doing the same old things that have proven failed over the last 6 years and waiting, hoping for a miracle to save us all. A miracle that will not happen.
Republicans are doing nothing? What do you think they just did in the house by passing funding for homeland security but NOT funding obama’s amnesty executive order? Nothing? The democrats intend to shut down the government over that in hopes the Republicans get the blame of course with the help of the main stream media they may. Because apathic Americans are not paying attention. But it is not the Republicans who are to blame for this it is the obama illegal actions. However, the real culprits are the idiots who elected obama not once but twice. They will have the blood of patriots on their hands if this usurper continues he misuse of authority.
There is only two ways this president will be stopped completely at this point. A constitutional convention and a war and the war will neither be quick or bloodless. The fundamental transformation the president promised, his supporters cheered wildly, and the main stream media seems to support will, in the long run, destroy the American constitution as well as our bill of rights. Who thinks patriotic Americans will just take that laying down, anyone? Well I do not!
To many Americans are ignoring what obama is doing and by not paying attention they are approving his actions and he has become emboldened to the point he sees himself as a king or dictator.
Who among us knows what that promised fundamental transformation is into? Anyone? Obama himself never explained that and yet his supporters cheered him anyway.
You are fooling yourself about the Republicans - they are part and parcel of the thorough corruption endemic throughout our Federal government. They want this amnesty just as much as anyone else due to their need to pay back their corporate donors and maintain their positions of power. They play these games to keep the wool pulled over all of our eyes and far too many fall for it, hook, line and sinker! A Convention of the States is NOT the answer either - I would bet every dime I have that it would be taken over by leftists such as George Soros, Cass Sunstein and others of their ilk and we would end up losing our 2nd Amendment rights, among others. Not to mention the time factor involved - no way it would have any affect on the current Muslim-in-Chief except after the fact, if then. Sad to say, far too many Americans will take it laying down simply due to ignorance and lassitude. The American populace has been drugged and educated into a stupor for far too many years for most to take any action now.