Late Tuesday, U.S. District Judge Andrew Hanen in Brownsville, a city bordering
Mexico, denied the U.S. Department of Justice’s request to lift
a temporary hold placed on President Obama’s executive action, which
sought to protect nearly 5 million illegal immigrants from deportation.
On Feb. 16, Judge Hanen granted a preliminary injunction at the request
of 26 states, with Texas leading the way. He has now rejected the government’s
request to lift that injunction.
Meanwhile, the Justice Department has appealed to the 5th U.S. Circuit
Court of Appeals in New Orleans. The higher court will be hearing arguments
on whether to lift the injunction on April 17.
Hanen’s ruling late Tuesday confirms that the Obama administration
is barred from implementing the president’s policies that would
allow nearly 5 million illegal immigrants to remain in the U.S. –
at least for now.
In his order that denied the government’s request to life the temporary
hold, Hanen said that the government hasn’t demonstrated any credible
reason as to why the Directive needs to be implemented immediately.
Coalition Argues Obama’s Action is Unconstitutional
The coalition of 26 states filed a lawsuit seeking to overturn the president’s
executive action. The coalition argues that Obama’s executive action
is unconstitutional and would force the states to invest more money in
healthcare, education, and law enforcement.
The other side is arguing that keeping the temporary hold would harm the
interests of the public and third parties who would ultimately be deprived
of the humanitarian benefits and law enforcement of immediate implementation.
In November, Obama announced his executive orders; he said that a lack
of action be Congress had forced him to make sweeping changes to the “broken
In a statement on Tuesday, Texas Attorney General Ken Paxton said that
the Obama administration had misled the court about the early implantation
of expanded work permits to illegal immigrants.
There is an ongoing debate over a U.S. government filing that allowed approximately
100,000 people to receive three-year periods of deferred action before
Judge Hanen’s injunction.
Paxton said that any premature implementation could result in serious consequences,
causing irreparable harm on the state of Texas.
The White House did not issue an immediate comment.
At the Zendeh Del Law Firm, PLLC, we continue to stay abreast of the latest developments
in U.S. immigration reform and legislative changes. For legal advice regarding an
immigration matter in Plano, Dallas or Ft. Worth, don’t hesitate to
contact our legal team for help.