Texas and 25 other states brought the lawsuit in the belief the proposed measures will become a burden on state budgets. On this point, judge Hanen concurred, saying the states will bear the lion’s share of its consequences, and fuel further illegal immigration. Further, the administration officials are being “disingenuous” in declaring the initiatives did not significantly alter existing policies.
Judge Hanen has previously made several vociferous rulings in relation to Obama administration’s immigration policies, prompting some Obama supporters to accuse the Texas officials of forum shopping.
The immigration initiatives include three-year deportation deferrals and work permits for those who have not committed serious crimes, have been in the nation for at least five years and have children who are American citizens or legal residents.
About five million undocumented immigrants are eligible for the program, with no additional assurances provided as to citizenship. The United States is currently home to over 11 million undocumented immigrants — a third of whom possess their own home.
A White House statement responded by saying the president had acted within the law and with decades of legal precedent behind him, and the district court’s decision “wrongly prevents these lawful, common sense policies from taking effect.”
The Obama administration intends to appeal against judge Hanen’s ruling via the United States Court of Appeals for the Fifth Circuit in New Orleans.
Interestingly, the states are very much at odds as to the actual economic implications of the initiatives. Twelve, including Washington and NY, believe there will be distinct economic benefits, such as increased wages and taxes due to illegal immigrant workers coming out from undercover. The Conference of Mayors, and 33 mayors maintain that the enduring entrepreneurial spirit of immigrants has helped enhance local economies and boost labour markets.
Immigrant advocates say the proposed changes will improve national security as millions of unauthorised immigrants will be required to undergo background checks.
In a bid to appease the opposing states, Obama had earlier announced the Department of Homeland Security will tighten border security, and enforcement agents have been instructed to prioritise the deportation of terrorists and gang members.
