BROWNSVILLE — U.S. District Judge Andrew S. Hanen has set a hearing date for a California activist, who wants to prevent undocumented immigrants from being transferred to other states and seeks their immediate deportation.
California dentist and attorney Orly Taitz filed an emergency request in federal court that claims dispersing the undocumented immigrants could spread diseases.
“The Court will rule as quickly as it can after the hearing, given the emergency nature of the motion,” Hanen wrote in the order he issued Wednesday.
The hearing is scheduled for Aug. 27 in federal court in Brownsville.
Taitz filed a lawsuit on July 14, naming President Barack Obama, Homeland Security Secretary Jeh Johnson, Health and Human Services Secretary Sylvia Burwell and the U.S. Border Patrol’s Rio Grande Valley Sector.
She wants to stop what she called the “dumping” of undocumented immigrants on unsuspecting populations in California and other areas in the country, citing threats to public health and safety.
Among the diseases that she said the undocumented immigrants spread are scabies, tuberculosis, measles, whooping cough, swine flu, dengue fever, Ebola virus and lice.
In response, a Justice Department attorney said Taitz has no standing to bring the lawsuit, that she only seeks to entangle the judiciary in her political quarrels and is unhappy with policy decisions and the government’s lawful exercise of discretion in processing undocumented immigrants.
She is essentially asking the court to close the borders and transform administration of the U.S.-Mexico border, especially involving minors, in accordance with her personal preferences, the Justice Department attorney stated in response to her lawsuit.
Hanen directed the parties and their witnesses if any, to be prepared at the hearing to address all topics raised either by the Taitz motions or the government’s response.
The topics include:
– Taitz’s standing, either individually or as a class representative, to bring the lawsuit.
– The ability of an individual citizen, even with standing, to question executive authority on immigration matters.
– The government’s past and current efforts to secure the United States-Mexico border.
– All aspects of the apprehension, processing and placement of undocumented minors this year, specifically including the recent influx from Mexico and Central America.
– The government’s efforts to comply with the Flores settlement, which refers to the settlement of Flores v. Reno, which, according to the government, provides guidance on the federal policy for the detention, release and treatment of minors in immigration custody.
– The application, if any, of the Deferred Action for Childhood Arrivals to this case.
– The examination, diagnosis and treatment of any undocumented minors with any medical conditions this year.
– The detention or other means used to house minors who entered the country this year.
Taitz has been representing herself. The Justice Department attorney is Colin A. Kisor, acting director in the civil division.