by Brian Hayes | Top Right News
In a huge victory for the more than half of America’s states suing to stop Barack Obama’s amnesty for 5 million illegal aliens, a federal judge has halted Obama’s order from being implemented, ruling he overstepped his powers in trying to grant them legal status.
The order, signed by U.S.District Judge Andrew Hanen in Brownsville, Texas, also allows the lawsuit filed last month by 26 states to proceed on its merits, according to Fox News.
In his 50-page opinion, Hanen wrote that “it has been recognized that the resources of the states are drained by the presence of illegal immigrants,” and that “these damages unquestionably continue to grow.”
He also stated that the Obama executive action “genie would be impossible to put back into the bottle” once released.
It’s a decision that throws the White House’s plans into complete disarray just one day before applications were to be accepted.
Judge Hanen’s ruled:
“The court finds, when taking into consideration the interests of all concerned, the equities strongly favor the issuance of an injunction to preserve the status quo,” Judge Hanen wrote. “It is preferable to have the legality of these actions determined before the fates of over four million individuals are decided. An injunction is the only way to accomplish that goal.”
Mounting anger over Obama’s November 20, 2014 announcement of the action originally prompted 17 states to file a lawsuit in U.S. District Court against the White House. Soon, over half of states joined the lawsuit in the critical move to prevent the president’s directive from occurring.
Texas Gov. Greg Abbott, who filed the original lawsuit and led the charge joined by the other 25 states while he was still serving as attorney general, announced the decision at 10:15 Monday night, according to the Statesman.
“President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat, and Judge Hanen’s decision rightly stops the President’s overreach in its tracks,” the Republican said in a statement.
“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.’”
Advocates for illegal aliens had anticipated this ruling and had been working ahead of time to smear Judge Hanen, saying he had a “bias” against them, based on a December 2013 ruling.
In that ruling, Judge Hanen had spotted the surge of illegal alien children crossing the border earlier on, and had been critical of how Homeland Security officials had handled it, accusing them of being complicit in human trafficking because they would deliver the children to their illegal immigrant parents in the U.S. without trying to deport either party.
Last summer’s massive spike in illegal alien children from Central America bore out Judge Hanen’s concerns, with the administration belatedly admitting that the ease of getting across the border and being connected with family here in the U.S. was helping spur the surge.
Judge Hanen’s ruling is likely to be appealed to the circuit appeals court in New Orleans, which is already considering another challenge to Mr. Obama’s non-deportation policies brought by immigration agents who say the president is breaking federal law by instructing them to ignore certain the vast majority of illegal aliens.