Immigration Executive Action Lawsuit 2015: Texas Judge Hears Arguments on Obama's Executive Action, Immigrant Rights Group Concerned About Judge
A federal judge has been selected and heard oral arguments regarding a lawsuit against President Barack Obama's immigration executive actions.
U.S. District Judge Andrew Hanen from Brownsville, Texas, heard the arguments representing 25 states seeking to block Obama's executive actions that could defer deportation for nearly 4.9 million undocumented immigrants. Judge Hanen will be tasked to decide if the lawsuit, originally filed by then-Texas Attorney General Greg Abbott, should proceed or not.
According to The Associated Press, Hanen "at times grilled" U.S. Department of Justice attorney Kathleen Hartnett to explain Obama's legal authority to issue the executive actions on immigration. Hartnett was also questioned on how the federal government can justify the actions that provides millions of undocumented millions to avoid deportation.
Hanen said he will not issue his decision on the injunction request, to pause Obama's immigration plans, before Jan. 30
Hanen said he would be fair on his impending decision but acknowledged his previous criticisms of U.S. immigration policy on two prior rulings. Despite the criticisms on the two rulings, Hanen, in the end, had ruled in favor of the federal government on both cases.
The presence of Hanen has caused concern among some groups, including the America's Voice Education Fund.
"The Judge has a history of opining well beyond the scope of his jurisdiction, and an anti-immigration bent. Clearly, the plaintiffs filed their suit in Brownsville for one reason -- a friendly judge," wrote America's Voice Education Fund. "In one case, after a defendant pled guilty and the 'outcome was no longer a pending question,' Judge Hanen felt 'compelled' to write a four-page opinion criticizing federal immigration policy, without ordering anything involving the defendant."
Then-Texas attorney general, and recently elected governor, Abbott has led the lawsuit against Obama's immigration executive actions. The lawsuit by Texas includes support from Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, South Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, West Virginia and Wisconsin.
Abbott claimed, "The president's proposed executive decree violates the U.S. Constitution and federal law, circumvents the will of the American people and is an affront to the families and individuals who follow our laws to legally immigrate to the United States."
Obama's executive actions will provide temporary protections for the approximately 4.9 million eligible immigrants currently living in the U.S., specifically before Jan. 1, 2010, and pending a criminal background check and payment of fines and taxes. Obama's executive action expanded the Deferred Action for Childhood Arrivals (DACA) program for applicants to seek a renewable three-year stay instead of two years.
Parents of U.S. citizens and lawful permanent residents who have been in the country since Jan. 1, 2010, can request deferred action and employment authorization for three years as part of the Deferred Action for Parental Accountability (DAPA) program.
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