A federal judge gives the prez a lecture. . . .
In Texas v. USA a federal judge ruled in a Memorandum Opinion and Order (filed 4/7/2015) that President Obama exceeded his executive authority by ordering agencies not to enforce immigration laws:
The President’s message, specifically to those law enforcement officials employed within the Executive Branch, and more generally to the nation, is clear. First, immigration laws (i.e. the INA), which those officials are charged with enforcing, are not to be enforced when those laws conflict with the 2014 DHS Directive. Second, the criteria set out in that Directive are mandatory. Third, if DHS officials (or other Executive Branch officials) fail to follow the specified criteria, there will be consequences for this failure just as there would be consequences if they were in the military and disobeyed an order from the Commander in Chief. In summary, the Chief Executive has ordered that the laws requiring removal of illegal immigrants that conflict with the 2014 DHS Directive are not to be enforced, and that anyone who attempts to do so will be punished.
This is not merely ineffective enforcement. This is total non-enforcement, applicable to millions of people. If one limits the directive just to putative DAPA recipients, this is an order by the President to not enforce the law as to approximately 4.5 million people—the rough equivalent of the population of the State of Louisiana, and a population larger than the populations of 25 of the 50 states. In fact, thirteen of the 26 Plaintiff States have populations that are less than the number of illegal immigrants estimated to receive the benefits accompanying “legal presence” under the 2014 DHS Directive.
The court then explained why the president was legislating, not administering the law:
The rest of the ruling covers arcane legal issues.
Meanwhile, 4.4 million legal applicants await processing of their applications.
Bottom Line. The president flagrantly violated the constitutional separation of powers in ordering federal employees to desist from enforcing laws duly passed by Congress. Unless a friendly appellate panel reverses, the president's position is toast.
Letter from the Capitol, LFTC, Conservative Politics