Bush Appointed Judge Ignores Constitution While Blocking Obama’s Immigration Executive Order

Republicans on immigration reform

Federal Judge Andrew Hanen blocked President Obama’s immigration executive order Monday evening. The judge, a George W. Bush appointee, based in Brownsville, Texas, has long been regarded as a foe of immigrant rights. Hanen’s decision will deny millions of undocumented immigrants access to work permits and a path to citizenship. The injunction was put in place just hours before Obama’s executive order would have been implemented. The executive order would have protected around five million undocumented immigrants from facing deportation.

A coalition of 26 states, led by Texas, fought to halt Obama’s executive order, arguing that it violated the Constitution. They also contended that it would require increased investment in education, health care, and law enforcement. A dozen states, including California, filed a brief in support of President Obama’s order, arguing that it would serve the public interest and benefit the states. In addition, more than 20 police chiefs and sheriffs, filed a motion supporting Obama’s order. The law enforcement officials maintained that the new policy would improve public safety and increase cooperation between police officers and immigrant communities.

Judge Hanen wrote a 123-page ruling. At one point, he argued that:

There will be no effective way of putting the toothpaste back in the tube should the plaintiffs ultimately prevail.

While that seems like such a complex legal argument, the White House was undaunted. Arguing that the President’s actions were legal, the White House plans to appeal the judge’s ruling to the 5th U.S. Circuit Court in New Orleans.

Texas Governor Greg Abbott (R) was thrilled with the decision. He proclaimed:

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.

Of course, the Texas Governor didn’t mention that fewer than 1 in 5 Americans want to overturn Obama’s immigration order while 73 percent favor immigration reform. Governor Abbott is apparently confusing the will of the people with the will of Greg Abbott.

Wade Henderson President and CEO of The Leadership Conference On Civil and Human Rights said, “Yesterday’s outrageous decision is far from the last word on the president’s executive action on immigration. As a long list of legal scholars have said, the president’s actions were well within the boundaries of his constitutional authority to establish immigration enforcement priorities while protecting thousands of immigrant parents who contribute to our nation every day from the threat of indiscriminate deportation. In temporarily delaying the implementation of the president’s executive action, the judge has substituted his own policy prerogatives while ignoring both the Constitution and longstanding precedent. This decision, like the lawsuit, simply has no legal merit and we’re confident that the administration will prevail as the case moves through the courts.”

Cristina Jimenez, Director of United We Dream, assailed the ruling, although she was not surprised by it. Noting that Hanen was a long time advocate for “harsh treatment of immigrant families”, she maintained confidence that the judge’s ruling would be overturned by a higher court.

The fight over immigration policy is far from finished. Judge Hanen’s decision merely reinforces the partisan rift that has developed over the last decade on immigration. Although George W. Bush was comparatively moderate on immigration issues, he appointed mostly hardcore conservative judges. Consequently, as those judge’s embrace the xenophobic madness of the Tea Party fringe, Bush’s legacy will be one that feeds the anti-immigrant fervor of the extreme right wing in American politics. While nearly three-fourths of Americans support immigration reform, the Republican Party has aligned with the 17 percent fringe who want to overturn President Obama’s common sense executive order.

40 Replies to “Bush Appointed Judge Ignores Constitution While Blocking Obama’s Immigration Executive Order”

  1. If what POTUS did was unconstitutional, what about Boehner and his Bibi stunt? Totally sickening, these people are dirt.

  2. Federal Judge Who Issued Injunction Is Noted Obama Immigration Hater

    Conservatives are ecstatic about their handpicked man, Judge Andrew S. Hanen’s ruling against President Obama’s executive orders on immigration shouldn’t be celebrating just yet. As the NY Times and Kevin Drum highlighted, Judge Hansen has been a harsh critic of Obama and his administration’s immigration policies for a long time and his own words paint him not as a judge, but an activist hater.
    http://www.nytimes.com/2015/02/18/us/obama-immigration-policy-halted-by-federal-judge-in-texas.html?_r=1

  3. The appeals court will stay this and it will quickly go down as another GOP grand stand that has no end result.. Waste of time, waste, waste, waste…The new GOP mantra..

  4. “It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt” – Mark Twain

  5. Republicans just want so badly to lose the 2016 presidential election. And we thank them for these stunts guaranteed to cause them to lose big time.

  6. 1 in 5 Americans do not want this-that is a lie. Most want illegals gone, but know that isn’t realistic. Congress needs to figure it out. Mandatory e-verify will send most illegals home then apply the legal way. Finish the wall. This is a matter of fairness for all.

  7. I am so sick and tired of ANY politician using the words “The American People want” or “The American People don’t want” or
    The American People need” or “The American People don’t need” that I want to scream! Who do they think “The American People” are? In the case of Texas Governor Greg Abbott, does he see us as all clones of his misguided thinking and racist misogyny? We are as divergent as a nation can be in terms of backgrounds, culture, experiences, values, and thinking! How dare any one politician see the entire country as peopled ONLY by those that think and feel as he or she does! That’s got to quit!

  8. Most? Can you be more specific or is it just your racist friends? BTW wingnut who the fuk do you think will pick your fruit that your dumbass enjoy at lower prices?

  9. This is an Executive Action, not an Executive Order. They are two different things.

    I think it would’ve been better if he had issued an Executive Order; they have the force of law, whereas EA’s do not. It would’ve been tougher to overturn an EO.

  10. when obamas executive order is eventually upheld who do you think it will hurt the most. blacke people will be the big loser. Millions of illegal people will get ss numbers. millions will be working for less. who do you think all the companies will hire. people need to quit thinking with emotion and start using their brains. This amnesty is bad for the working man of America. and no I am no bagger as the moderator accuses everyone who has a different opinion than his is called. I am a moderate black man who believes in using some common sense on the issues.

  11. Willful ignorance by vested interests on either side of this complicated issue make it next to impossible for less strident Americans to get the facts straight. There is no simple black and white ‘just’ solution that will not cause harm to both illegal long term resident immigrants, their US born children, and the nation at large. What is required is thoughtful analysis that examines past, present, and future implications of the law that are not ideologically motivated but grounded in practical and probable outcomes.

  12. You people are clueless. Let’s ask a Constitutional Scholar what he thinks shall we?

    March 2011- Obama on Immigration and Executive Orders

    “With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed ”
    ….. Congress passes the law. The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws.

    There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.“

    http://www.whitehouse.gov/the-press-office/2011/03/28/remarks-president-univision-town-hall

  13. If 26 states are backing the blocking of this illegal unconstitutional action from the most illegal of presidents- then how do you figure 1 in 5 are for this? Simple math says that 50% are for this block of this political move and that’s plenty that don’t want it. This article is the most biased POS I have ever read. Want to live in the USA? – then do as our families did it at Ellis Island – LEGALLY. Better yet- get the Mexican government to stop being corrupt and take care of its people so they want to stay.

  14. So what you are saying with these illegal aliens picking our fruit at lower than minimum wage is good for the country? That goes against everything the left is fighting for isn’t it? Besides the rights to drive, enjoy free medical care, the ability to enter college on scholarships that legal citizens would never get, shouldn’t these illegals also get a fair living wage.

  15. President Obama is the most unlawful president? Wow. Here’s a challenge for you. Forget the crap that is circulating about the president, NAME ONE THING THAT HE HAS DONE THAT IS UNLAWFUL OR UNCONSTITUTIONAL. YOU CAN’T.

    There is not one single thing that no other president has done that he has done. POTUS has made fewer executive orders than Reagan, Bush (I & 2)

    You’re just being an ignorant individual who follows Republican statements as though they were truth.

  16. What interests me is that with all the fuss about protecting the southern border, there’s so little talk about the Northern border? Something doesn’t make sense – unless the goal is to keep a certain subset of people out. Surely there could be some kind of loony bill that could fix this:

    “…..there will be no further work on southern border barrier security until an equivalent amount of similar work is accomplished along our northern border …”

    Is there a GOP congresscritter we could trick into this?

  17. Ok folks lets think for a minute. Our president has spent billions upon billions of our tax payer dollars on stupid things and this is just another one is wasting money and time on instead of helping the US people.

    I understand the Hispanics need to make a living, but not at our expense. They should be in their own country standing up for themselves and to their Government. I have not seen another country give the US a handout and take pity on us like we do the other countries.

    I do feel sorry for the children since they have no idea what is in store for them due to their parents, grandparents, and other relatives not standing up for whats right. I just can’t justify in my mind how the US taxpayers have to be responsible for them.

    I do not claim to be a person that knows a lot about politics I do claim to be a person that wants to see this country (US) survive and provide for it’s own people first THEN help the other countries.

  18. Judges aren’t supposed to be politicians, and they’re not supposed to base their decisions upon what people want.

    Dude needs to be impeached – there’s a basis in law for that particular impeachment.

  19. “If 26 states are backing the blocking of this illegal unconstitutional action from the most illegal of presidents- then how do you figure 1 in 5 are for this?”

    Are you under the impression that people are evenly distributed between all of the states? If so, we can do away with the Electoral College.

    “Simple Math” has nothing to do with it.

  20. @ Daddio

    Um…you’re showing your ignorance of law and the powers of the Executive.

    Congress and the Constitution have given the Executive broad powers to enforce laws in accordance to their budget and priority. And you know how Republicans LOVE to cut budgets, right?

    President Obama clearly stated that he can’t stop deportations – and here’s the kickerHE HASN’T.

    Under this president, there have been MORE deportations of undocumented than under any Republican president before him. So you Righties should be praising this man, not vilifying him.

    “It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt” – Mark Twain

    Think before you speak, Daddio. You’re removing all doubt…

  21. You should change your moniker from “Somewhat confused” to “Confused as hell”.

    Your post is riddled with half-truths and outright lies, yet you post with conviction which only tells me that you’re horribly confused about the immigration situation.

    Go educate yourself. Please.

  22. The SCOTUS disagrees with you
    . The Supreme Court reaffirmed that wide latitude in the 2012 ruling Arizona v. US, in which the justices said key provisions of Arizona’s strict immigration law ran afoul of federal supremacy in the area.

    “Removal is a civil matter, and one of its principal features is the broad discretion exercised by immigration officials, who must decide whether to pursue removal at all,” wrote Justice Anthony Kennedy in the majority decision, joined by four other justices.
    https://www.law.cornell.edu/supremecourt/text/11-182
    Try again sparky

  23. I know this is very hard for your foxified brain matter to process but the SCOTUS who has the final say on what’s constitutional said the President has the power to enforce immigration.

    BTW I don’t recall your objections when Raygan and boy bush did the same thing. Gasp!! could it be because the President is a blah?

  24. Hi Maggie, the constitution does not mean anything to the Democrats anymore? Be careful freedom is not free, someone had to fight for it. maybe it was you or someone in the family, whom ever. The party should not be the issue here, don’t you think? WINK

  25. Actually, work permits involve administrative discretion, which is necessary to the function of any administrative agency. Proving that such discretion has been abused is a difficult burden to meet.

  26. Do your homework. The numbers of deportation you speak of have been tweaked. The numbers reported in the past were true deportations…that of illegal immigrants that got in and were caught living/squatting in the US. The deportation numbers Obama is reporting have been calculated to include even those stopped at the border but were turned or sent back before squatting. This is the kind of convenient twisting of data that this administration is so good at doing. Transparent my foot! The only thing transparent about him is that he willfully disobeys the Constitution because he thinks he know better!

  27. You idiotic liberals baffle me! You confuse LEGAL immigration with ILLEGAL border crossing. Name another country that allows people to sneak across it’s borders to earn a living. Our social service programs are maxed out!

  28. No. Deportations are what are technically classed as expulsions: the person has made an entry. Where no entry has been made, that is classed as an “exclusion”.

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