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Texas Federal Court Enjoins Obama Immigration Executive Action

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In a decision which is to have a profound impact on both the immigration debate and the currently stalled funding of the Department of Homeland Security, a federal court judge in Texas has issued a Temporary Restraining Order preventing implementation of Obama’s Immigration executive action. The Order and 123-page Opinion are embedded in full below.

From a political perspective, if Obama is enjoined from enforcing his immigration executive action, how can Congress fund an illegal act? Or if it were funded, thereby relieving the current continuing resolution stalemate, Obama could not enforce it. Either way, this may provide Congress a way out of the jam just days before the funding deadline.

What this allows Republicans to do, is pass a 30 day spending bill without any limitations on the argument that the immigration plan cannot be acted upon anyway, and wait and see how the courts rule. IF the courts refuse to put the injunction on hold, or if the courts uphold the injunction on the merits, then there is no need to worry about defunding the executive action. If an appeals court reverses, then the Republican leadership can say that it has already been upheld as lawful so there is no legal basis for the claim it is unconstitutional. This could be a victory at least to get over the current impasse, although it may not be a long term solution.

The case involves 26 states (originally 17) led by Texas.

Here is part of the TRO: Read_More_button

Source: William A. Jacobson, legalinsurrection.com