Tuesday, March 10, 2015

Update on Texas v. United States -- District Court Denies Stay of Injunction, Asks Obama Administration to Explain Its Actions

Judge_Andrew_S._Hanen

Judge Andrew Hanen

Seth Robbins of AP reports on the latest from Texas v. United States, the lawsuit in which 26 states have sought to halt President Obama's expanded deferred action program from going into effect.

U.S. District Judge Andrew Hanen ordered Monday that the lawyers for the federal government appear in his court March 19. The hearing is in response to a filing last week in which the government acknowledged that it had granted three-year deferred action relief before Judge Hanen's Feb. 16 injunction, which temporarily halted parts of the new November 2014 program.

The Justice Department has stated in court filings that officials had given 100,000 people three-year reprieves from removal and granted them work permits under the 2012 Deferred Action for Childhood Arrivals program, which was not halted by the injunction. The 2012 program guidelines provided just two-year relief from removal and work permits.  The question is whether the administration mislead the court about implementation of the new program. 

Judge Hanen also rejected a request from the Obama administration Monday night to rule quickly on an emergency stay to allow the President's executive actions on immigration to go forward.  The one-page order said that the court will not rule on "any pending motions" until at least March 19.

The Plaintiff States have filed a "Motion for Early Discovery," which will be argued on March 19.  The court order stated that "Due to the seriousness of the matters discussed therein, the Court will not rule on any other pending motions until it is clear that these matters, if true, do not impact the pending matters or any rulings previously made by this Court."

KJ

https://lawprofessors.typepad.com/immigration/2015/03/update-on-texas-v-united-states-district-court-denies-stay-of-injunction-asks-obama-administration-t.html

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