States Ask Judge Hanen Not to Lift Temporary Hold

States Ask Judge Hanen Not to Lift Temporary Hold

On Tuesday, Texas, along with 25 other states who filed a lawsuit to stop President Obama’s executive action on immigration asked U.S. District Judge Andrew Hanen in Brownsville, Texas, not to lift a temporary hold on the President’s directives.

In a 22-page court filing to Hanen, the 26-state coalition asserted that there was no emergency need to institute the sweeping program.

“It is not in the public interest to allow (the U.S. government) to effect a breathtaking expansion of executive power, all before the courts have had a full opportunity to consider its legality,” said the states in their motion.

Judge Hanen ruled that the President’s executive action was in violation of the Administrative Procedure Act, which governs the enactment of federal regulations.

On Feb. 16, Hanen issued a preliminary injunction blocking Obama’s action, which sought to spare nearly 5 million illegal immigrants from deportation. The coalition championed the injunction, arguing that Obama’s executive action violated the Constitution.

On Feb. 23, the U.S. government asked Hanen to lift his injunction while his ruling was in the process of being appealed with the 5th U.S. Circuit Court of Appeals in New Orleans.

The attorneys for the Justice Department said that the stay of Hanen’s ruling is necessary “to ensure that the Department of Homeland Security is able to most effectively protect national security, public safety, and the integrity of the border.”

In contrast, the 26-state coalition, led by Texas, argues that the preliminary injunction does impair the agency’s ability to marshal its assets or deploy its resources.

The states argue that if the stay is lifted, it would irreversibly harm them since they would be spending millions of dollars in government benefits that would never be recovered if they win their lawsuit.

It is not yet clear as to when Hanen will rule on the White House’s request to allow the program to move forward.

Do you need legal advice regarding an immigration matter, or do you have questions about the President’s executive action? Contact the Zendeh Del Law Firm, PLLC to schedule your case evaluation!