Federal district judge Andrew Hanen on Monday night
temporarily halted the deportation relief that President Obama had granted for up to five million undocumented immigrants, including those over 30 who were brought to the U.S. as children and parents of U.S. citizen children and legal residents. The eleventh-hour injunction came just as applications for the expanded group of Dreamers were to become available Wednesday. The decision could also affect the program for undocumented parents, known as Deferred Action for Parental Accountability (DAPA).
Here's what the injunction means:
1) Obama's executive actions are temporarily blocked from moving forward.
2) The ruling was not a final decision on the merits of the case or the constitutionality of President Obama's actions, though that is what the GOP-led lawsuit brought by 26 states ultimately seeks to do.
3) The ruling is, however, an ominous sign, suggesting that Hanen expects to ultimately side with the plaintiffs by finding that President Obama has exceeded his executive authority.
4) The administration issued a statement at 2:47 AM Tuesday morning denouncing the decision and saying that the Department of Justice determined that Obama was "well within his legal authority" and the department would appeal the decision. That appeal is expected to happen within a few weeks.
5) Immigration advocates say hold tight and don't panic. This is the first step of a process and legal advocates remain confident that the courts will ultimately rule Obama's actions constitutional. Immigration advocates are focused on continuing to prepare people for enrollment in both the expanded Dreamer program (DACA) and DAPA.
Head below the fold for some statements from immigration advocates.
Cesar Vargas & Erika Andiola, Co-Directors of the Dream Action Coalition
[W]e will not let this temporary obstacle stop us from holding forums, encouraging people to collect their paperwork and eventually apply; this injunction is only temporary after all.
Frank Sharry, America's Voice executive director
Judge Hanen's ruling is a setback that was expected and will be temporary. This decision, by a judge notorious for his hostility to immigrants and to Obama, will not stand. As it moves up the judicial ladder, serious jurists will apply the law, decide that it is well within established legal authority and historical precedent and the programs will be fully implemented.
Cristina Jimenez, United We Dream Managing Director
The almost 700,000 Dreamers who already have DACA are proof that executive action works.
Today's ruling doesn't impact those who already have DACA and only delays the applications for the DACA expansion and for DAPA - it is a bump in the road.
Our community won executive action when we stood together and fought for it. Today, a single Texas judge may have delayed the applications for executive action but United We Dream hasn't delayed anything. Preparation for executive action is going full steam ahead.