'Activist' Judge Hanen Halts White House Executive Action, Delays Dreamer/DACA Applications

A U.S. District Judge has put a hold on President Obama’s executive immigration action, saying that the White House overstepped its authority with Deferred Action for Childhood Arrivals (DACA) and other programs.Around 500,000 Dreamers--young undocumented immigrants eligible for DACA--could have applied for the program on Wednesday, giving them the opportunity to attain legal status.

The move comes after a federal judge in Texas blocked implementation of President Obama's prosecutorial discretion policy that would have granted legal status to millions of undocumented immigrants, allowing them to get driver's licenses, work permits and other benefits. Newly applying Dreamers will have wait for the lawsuit to be heard by a higher court that could remove the hold on DACA.

"In the meantime, we recognize we must comply with it," Homeland Security Secretary Jeh Johnson said on Tuesday. In his decision, Judge Andrew Hanen of the Texas Federal District Court ruled that executive action would create a significant financial burden for the 26 state government plaintiffs included in the case, State of Texas v. United States of America. In a colorful 123-page decision, he criticized the White House policy.

“The government’s failure to secure the border has exacerbated illegal immigration into this country,” Judge Hanen wrote. “Further, the record supports the finding that this lack of enforcement, combined with the country’s high rate of illegal immigration, significantly drains the states’ resources.” Republican lawmakers applauded the decision.

“I strongly support the recent federal district court decision finding that President Obama exceeded his authority under the law with his latest executive order on immigration -- an action that the president himself conceded as unlawful as many as 22 times over the past two years,” said Senator John McCain.

Supporters of deferred action seemed largely unconcerned. Marshall Fitz, VP of the Left-leaning Center for American Progress called the ruling a “fear-mongering” campaign, saying that he was “confident that the decision would be overturned upon appeal, making this decision only a temporary setback” for Obama’s program of prosecutorial discretion.

Dreamer activist organizations urged DACA-eligible immigrants to stay calm, tweeting an infographic. “Don’t be worried,” and “current DACA remains unchanged,” wrote United We Dream, in the tweet.

Hanen’s decision may be deemed by higher courts to be “a polemic, not a proper court ruling,” as pundits charge. But how long will new deferred applications will be delayed? DAPA -- the program for parents of DACA-eligible residents -- was set to begin accepting applications in March. If the case heads past New Orleans all the way to the supreme court, those parents could be waiting for weeks or months before they know their options.