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U.S. Constitution
See other U.S. Constitution Articles

Title: Texas Gov. Greg Abbott: ‘Federal Judge Just Granted My Request to Halt Obama’s Executive Amnesty Order Nationwide’
Source: [None]
URL Source: http://www.theblaze.com/stories/201 ... tive-amnesty-order-nationwide/
Published: Feb 17, 2015
Author: Jason Howerton
Post Date: 2015-02-17 01:07:31 by out damned spot
Keywords: Judge, executive amnesty, nationwide
Views: 1781
Comments: 10

Texas Gov. Greg Abbott announced on Monday night that a federal judge has “granted” his request to “halt” President Barack Obama’s “Executive Amnesty Order” across the country.

*Greg Abbott ✔ @GregAbbott_TX

BREAKING: Federal Judge just granted my request to halt Obama's Executive Amnesty Order Nationwide. More later. #txlege #tcot @TexasGOP

Time reporter Zeke Miller later published the temporary injunction order handed down by the United States District Court for the Southern District of Texas online.

The order of temporary injunction states: “The reasons for this injunction are set out in detail in the accompanying Memorandum Opinion and Order, but, to summarize, it is due to the failure of the Defendants to comply with the Administrative Procedure Act.”

The order continues: “The Court having found that at lest one Plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a Temporary Injunction hereby grants the Motion for Temporary Injunction. The United States of America, its departments, agencies, officers, agents and employees are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program as set out in the Secretary of Homeland Security Jeh Johnson’s memorandum dated November 20, 2014 (“DAPA Memorandum”), pending a final resolution of the merits of this case or until a further order of this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court.”

Read the entire temporary injunction order below:

179122563073 by Zeke Miller

(2 images)

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#3. To: out damned spot (#0)

Texas Gov. Greg Abbott announced on Monday night that a federal judge has “granted” his request to “halt” President Barack Obama’s “Executive Amnesty Order” across the country.

From Doc 145, MEMORANDUM OPINION AND ORDER

At 4:

I. THE ISSUES BEFORE AND NOT BEFORE THE COURT

Although this Court is not faced with either a Congressional Act or an Executive Order, the sentiment expressed by these Chief Justices is nonetheless applicable. The ultimate question before the Court is: Do the laws of the United States, including the Constitution, give the Secretary of Homeland Security the power to take the action at issue in this case?

At 5-6:

Third, several of the briefs have expressed a general public perception that the President has issued an executive order implementing a blanket amnesty program, and that it is this amnesty program that is before the Court in this suit. Although what constitutes an amnesty program is obviously a matter of opinion, these opinions do not impact the Court's decision. Amnesty or not, the issues before the Court do not require the Court to consider the public [6] popularity, public acceptance, public acquiescence, or public disdain for the DAPA program. As Chief Justice Roberts alluded to above, public opinions and perceptions about the country's policies have no place in the resolution of a judicial matter.

Finally, both sides agree that the President in his official capacity has not directly instituted any program at issue in this case. Regardless of the fact that the Executive Branch has made public statements to the contrary, there are no executive orders or other presidential proclamations or communique that exist regarding DAPA. The DAPA Memorandum issued by Secretary Johnson is the focus in this suit.

nolu chan  posted on  2015-02-17   11:09:44 ET  Reply   Untrace   Trace   Private Reply  


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