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Immigration lawsuit goes to hearing today

Posted on | January 15, 2015 | 3 Comments

Immigration lawsuit goes to hearing today
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EMMA PEREZ-TREVIÑO | STAFF WRITER | Posted 7 hours ago

BROWNSVILLE — Opponents and supporters of President Barack Obama’s enforcement of immigration laws, absent comprehensive immigration reform, meet in federal court Thursday as states, elected officials, and organizations defend their positions.

U.S. District Judge Andrew Hanen will hear arguments on a request for a preliminary injunction filed by Texas and 24 other states on the deferred removal of about five million immigrants in the country illegally.

This hearing is in connection with the Dec. 3 lawsuit states filed against Obama, U.S. Attorney General Eric H. Holder Jr., Department of Homeland Security Secretary Jeh Johnson, U.S. Customs and Border Protection Commissioner R. Gil Kerlikowske, U.S. Citizenship and Immigration Services Director Leon Rodriguez, U.S. Border Patrol Deputy Chief Ronald D. Vitiello, and U.S. Immigration and Customs Enforcement Acting Director Thomas S. Winkowski.

In the lawsuit, the states maintain that Obama’s executive actions are unconstitutional and unprecedented, and that the Constitution vested Congress with the exclusive authority to make law and set immigration policies.

On the other hand, the Obama administration has argued that the Constitution and Congress have vested the Executive Branch and the Secretary of Homeland Security, in particular, with broad discretion over the enforcement of federal immigration law, including determining whether and when to remove particular undocumented immigrants. They say that the states seek to effectively commandeer federal enforcement prerogatives.

U.S. Rep. Filemon Vela, D-Brownsville, is supporting the president’s position. He stated in his brief that Texas and the other states that filed the lawsuit lack standing.

“Just last month a federal district court denied a motion for a preliminary injunction and dismissed a similar challenge for lack of jurisdiction,” Vela said.

Hanen has denied  California dentist and attorney Orly Taitz’s request that her immigration lawsuit, which is pending, be consolidated with that of the states’ case.

eperez-trevino@valleystar.com

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Comments

3 Responses to “Immigration lawsuit goes to hearing today”

  1. DSP2
    January 15th, 2015 @ 12:11 pm

    Really getting sick and tired of this BS excuse coming out of every damn federal judge that no
    American citizen has any standing in a federal court. TYRANNY!!! We want our day in court and WE the People want to use our freedom of speech, freedom of conscience, and our God given constitutional rights IN COURT!!!

  2. Rich
    January 15th, 2015 @ 1:11 pm

    An atheist has standing to ask an atheist judge to take the freedom of speech and religion away from other citizens even though it is guaranteed in Article one and they have been successful in doing so. Liberals used a magistrate to order the forceful removal from a private home of Elian Gonzales to be sent back to his father in Cuba. Armed with deficit spending corruption the democrats have standing to make the law up as they go along while conservatives have no guaranteed civil rights. Gays command the GDP of this nation. They control all our rights and all of our money. They have put our safety and health in the hands of greedy industries out there exploiting this issues. The average citizens have no protection, even through their respective State governments.

  3. LazyBones
    January 15th, 2015 @ 2:32 pm

    Security? Ha!

    We are citizens and pay taxes. That should be all the standing we need.

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