Thursday, December 11, 2014

The GOP Lawsuit That Could Blow Up Obama's Immigration Action

TPM reports:

Congressional Republicans have no good options to block President Barack Obama's executive actions on immigration, but a federal lawsuit by 18 GOP states poses a real danger to the president's move to grant deportation relief and three-year work permits for upwards of 4 million people, legal experts say.

The lawsuit is led by Texas Attorney General (and Gov.-elect) Greg Abbott and joined by 17 other Republican states. They ask for an immediate injunction to stop administration officials from moving forward; if they succeed, the actions may be halted before they can begin taking applications, which the White House expects to start doing this spring.

Legal experts say the lawsuit is flawed on questions of "standing," which requires proof of a tangible injury to the suing party; and on the merits, where longstanding legal precedent grants the executive branch a huge amount of discretion when it comes to enforcing immigration laws.

But in a calculated move, the Republicans landed the case before their dream judge: Andrew S. Hanen of Texas, appointed by George H.W. Bush. Hanen has fiercely criticized the Obama administration where it has shown mercy on immigration enforcement. In a December 2013 order, he said the Department of Homeland Security "assisted" a criminal conspiracy by failing to prosecute or deport the smuggler of a 10-year-old girl brought into the United States illegally.
Left-wing TPM's haunting fears.