A federal judge in Texas granted a temporary injunction halting Obama’s executive-order driven amnesty program.
The ruling from U.S. District Judge Andrew Hanen ordered the government to halt all proceedings 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 … ”
In the ruling, Judge Hanen wrote:
“The ultimate question before the Court is: Do the laws of the United States, including the Constitution, give the Secretary of Homeland Security (DHS) the power to take the action at issue in this case?” The judge laid out three issues to answer in this ruling: “(1) whether the States have standing to bring this case; (2) whether the DHS has the necessary discretion to institute the DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program; and (3) whether the DAPA program is constitutional, comports with existing laws, and was legally adopted.”
The other states joining Texas in the lawsuit are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, Wisconsin.
The judge said Obama’s program is not only a situation where there are not enough resources, causing program managers to 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.
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