A Judge Just Blocked Obama’s Immigration Plans. Here’s Why You Shouldn’t Take His Ruling Seriously.


A federal judge in Brownsville, Texas, has issued an injunction against President Obama’s recent immigration actions. I don’t take this even slightly seriously. To see why, all you have to do is read to the end of the New York Times account:

Judge Hanen, who was appointed in 2002 by President George W. Bush, has excoriated the Obama administration’s immigration policies in several unusually outspoken rulings….At a hearing on Jan. 15, Judge Hanen said Brownsville, which sits on the border with Mexico, was an appropriate venue for the suit because its residents see the impact of immigration every day. “Talking to anyone in Brownsville about immigration is like talking to Noah about the flood,” Judge Hanen said.

In a long and colorful opinion last August, Judge Hanen departed from the issue at hand to accuse the Obama administration of adopting a deportation policy that “endangers America” and was “an open invitation to the most dangerous criminals in society.”

The case involved a Salvadoran immigrant with a long criminal record whom Judge Hanen had earlier sent to prison for five years. Instead of deporting the man after he served his sentence, an immigration judge in Los Angeles ordered him released, a decision Judge Hanen found “incredible.” Citing no specific evidence, he surmised that the administration had adopted a broader policy of releasing such criminals.

While acknowledging that he had no jurisdiction to alter policy, Judge Hanen said he relied on his “firsthand, in-the-trenches knowledge of the border situation” and “at least a measurable level of common sense” to reach his conclusions about the case.

Judge Andrew Hanen so obviously hates both Obama and his immigration actions that no one is going to take his decision seriously. It’s a polemic, not a proper court ruling. The case will continue its dreary way through Hanen’s docket, but I imagine an appeals court will stay the injunction pretty quickly, and then overrule his inevitable final ruling in short order. The right-wing plaintiffs in this case may have thought they were being clever in venue shopping to get the case before Hanen, but it won’t do them any good. It might even backfire, given just how transparently political Hanen’s ruling is.

This story makes for a good headline, but it probably means little in real life. At most we’ll have a delay of a few weeks in implementing Obama’s immigration orders.

HERE ARE THE FACTS:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

payment methods

ONE MORE QUICK THING:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate