Thursday, July 16, 2015

Judge Hanen Gets Obama Administration to Follow Injunction on Unlawful Work Permits

Judge Andrew Hanen
Secretary Jeh Johnson
At National Review, Hans A. von Spakovsky reports that Secretary of the Department of Homeland Security Jeh Johnson has finally issued an order that work permits unlawfully given to 2,500 illegal immigrants will be "terminated" as of July 31.

Federal District Court Judge Andrew Hanen issued an  injunction February 16 blocking the Obama administration plan to give up to 5 million illegal immigrants "three-year reprieves from deportation and work permits". Johnson's termination order applies to the 2,500 work permits issued after the injunction.

Up against a July 7 order to either fix the problems before July 31 or personally appear before Judge Hanen and face a contempt of court citation for misleading the court and violating Hanen's February 16 court order, Johnson chose to retract the 2,500 work permits given in direct contravention of Hanen's injunction.

Von Spakovsky writes:
Yesterday, the Justice Department submitted to the court copies of two new “directives” from Johnson to Leon Rodriguez, the director of U.S. Citizenship and Immigration Services. (Rodriguez is one of the officials named in Hanen’s July 7 order.) The first directive, dated July 10, three days after Hanen’s appearance order, directs Rodriguez to mail a “Notice of Intent to Terminate” to the original 2,000 recipients of these unlawful work permits. The notice would inform the aliens that, if they don’t return their permits by July 30, DHS will terminate their “deferred action status and associated employment authorization” as of July 31 — the day DHS is required to give Hanen a status report on what they’ve done to fix the problem.
. . .
The second directive, dated July 14, basically sets out the same plan of action to take care of the additional 500 illegal aliens who unlawfully received three-year EADs.
These "terminated" work permits still do not deal with the 108,000 work permits given between November, 2014, and Hanen's February 16, 2015 injunction. Federal attorneys arguing before Hanen failed to inform him that the government was already issuing these permits leading him to believe that there was no reason to apply his injunction before February 16th.

At this point the only issue decided is that Federal officials under the Obama administration will grudgingly obey actual Federal court injunctions if threatened with contempt of court citations.

As for honestly giving information to Federal judges . . . that's still to be decided.


MAX Redline said...

Yes, Hanen got royally ticked off when he found that Obama administration officials had lied to him - he admitted from the bench that he'd been foolish to believe them. But he showed his displeasure in a pretty significant way; would that more would emulate his approach to this lawless administration!

T. D. said...

Max, do you think Hanen will do anything about their misleading him about the 108,000 who already had been given work permits? Von Spakovsky writes as though everything is resolved, but only the part about actually disobeying his injunction is being resolved. And one would expect at least that from any judge, let alone a federal judge.

MAX Redline said...

I don't think he can do anything TD - apart from the refusal to abide by the terms of his initial injunction. But then, I'm no lawyer.

T. D. said...

People go to jail for not answering questions that judges ask. Maybe only if you're not hooked into the Obama administration.