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This Issue: Obama's executive amnesties blocked (for now) -- What to look for now |
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As I'm sure you've heard by now, U.S. District Judge Andrew Hanen of the Southern District of Texas issued a temporary injunction
against Pres. Obama's 2014 executive actions, including the president's
new DAPA program that would grant deferred action and work permits to
illegal-alien parents of U.S. citizens and legal permanent residents and
the expansion of DACA that grants the same benefits to illegal aliens
who came to the United States at a young age.
The key word here is temporary. As Roy pointed out in his blog,
the decision should have little impact on the debate over DHS funding
in the Senate, and Senate Leaders should continue to press for the
defunding provisions passed by the House. If anything, Judge Hanen's
ruling should reinforce the opinion shared by most Republicans (and
about a dozen Democrats) that Congress has authority over immigration,
not the executive branch.
Further,
when the Obama Administration responds to Judge Hanen's temporary
injunction, the Fifth District Court of Appeals or the Supreme Court
could reverse his decision, allowing the administration to immediately
begin handing out work permits and social security cards to millions of
illegal aliens. And as he pointed out, "[o]nce these services are
provided, there will be no effective way of putting the toothpaste back
in the tube."
When
Congress returns next week, we'll again be coming to you with daily
action alerts asking you to urge your Senators to vote for the
House-passed DHS funding bill, H.R.240. Should Republicans -- or
Democrats -- use Judge Hanen's decision as an excuse to pass a "clean"
DHS funding bill (without the defunding provisions), remind them that
they'll be fully funding an executive action that has been deemed
illegal by a federal judge.
The
Obama administration has said it will honor Judge Hanen's decision and
not accept applications for either the DAPA or DACA programs and let the
issue play out in the courts. DHS was prepared to start accepting
applications for the expanded DACA program on Wednesday -- two days
after Judge Hanen's ruling.
Pres. Obama, however, has ordered DHS to continue
its preparations for accepting and processing amnesty applications and
granting millions of work permits and social security cards. Some in
Congress, and the legal watchdog group Judicial Watch, have said the
move violates Judge Hanen's ruling and has asked Congress to investigate
whether this violates the federal Antideficiency Act. That law forbids
the administration from spending taxpayer dollars in areas that aren't
authorized by Congress.
DHS
Secretary Jeh Johnson also made it clear that, while the ruling
prohibits the administration's ability to grant work permits, it doesn't
impact the agency's ability to use prosecutorial discretion in
determining its enforcement priorities.
Nor does
the Court's order affect this Department's ability to set and implement
enforcement priorities. The priorities established in my November 20,
2014 memorandum entitled "Policies for the Apprehension, Detention and
Removal of Undocumented Immigrants" remain in full force and effect.
-- Sec. Jeh Johnson
So
contrary to a host of media reports, Judge Hanen's ruling does not
force the Obama administration to begin deporting illegal aliens that
would have received deferred action under the DAPA and DACA programs. A
few media outlets, to their credit, have accurately reported the impact
of the temporary injunction; for a full analysis of how the media
reported on the issue, see Jeremy's latest blog.
While
Senate Leaders contemplate ways to break the stalemate on the DHS
funding bill, the administration considers its legal options, and media
pundits debate over what the temporary injunction means and doesn't
mean, millions of struggling American families can at least find some
hope that they won't have to compete with millions of illegal aliens for
new jobs in the immediate future.
chris chmielenski |
Fri, Feb 20th |
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Parsing the media coverage of the temporary injunction
This
week, a federal judge temporarily halted President Obama's most recent
executive actions on immigration. But what exactly does that mean? Josh
Gerstein of Politico explained the decision as well as anyone.
| JEREMY BECK |
Fri, Feb 20th |
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