Eric Holder seeks to downplay court's immigration ruling
Speaking to reporters Tuesday, Attorney General Eric Holder sought to downplay the effects of a judge's ruling that blocks President Obama's move to remove the threat of deportation for up to five million illegal immigrants through executive action.
"We have to look at this decision for what it is: It is a decision by one federal district court judge," Holder said in response to a question by a reporter. "I have always expected that this is a matter that will ultimately be decided by a higher court - if not the Supreme Court, then a federal court of appeals, and so I think it has to be seen I, that context."
The White House has indicated that the Justice Department (DOJ) will appeal the ruling, and an agency spokesman later said DOJ officials are reviewing whether to seek a stay that would block the judge's ruling from taking effect immediately.
U.S. District Judge Andrew Hanen ruled that a group of 26 states have the standing to sue the administration over the executive action. One of Mr. Obama's orders would expand the pool of immigrants brought to the U.S. illegally as children who are allowed to apply for both a reprieve from deportation and a work permit.
The other order would protect the parents of U.S. citizens and permanent residents who have been in the U.S. for years. The states argued they would face financial burdens as a result of Mr. Obama's orders, such as processing applications for drivers licenses for some of the immigrants.
The Department of Homeland Security (DHS) was set to begin accepting applications for the expansion of the Deferred Action for Childhood Arrivals (DACA) on Wednesday.
"The genie would be impossible to put back into the bottle," Hanen wrote in a memorandum accompanying his order, adding that he agreed with the plaintiffs' argument that legalizing the presence of millions of people is a "virtually irreversible" action.
Mr. Obama spoke out against the ruling Tuesday afternoon, telling reporters he disagreed with the judge.
"This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately was shown to be lawful and I'm confident that it is well within my authority and the tradition of the executive branch's prosecutorial discretion," Mr. Obama said. "This is something that we necessarily have to make choices about because we've got 11 million people here who we're not all going to deport."
DHS Secretary Jeh Johnson said that, in accordance with the order, his agency would not begin accepting requests for the expansion of the DACA program on Wednesday as originally planned. They will also suspend plans to begin accepting applications for relief from parents, which was set to begin May 19, until further notice.
Johnson said in a statement, in response to the Texas ruling, "I strongly disagree with Judge Hanen's decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA)...the Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do."
Democrats on Capitol Hill expressed similar confidence, with Senate Minority Leader Harry Reid, D-Nevada, issuing a statement that said the president was "well within his established Constitutional authority" and Sen. Chuck Schumer, D-New York, saying Hanen's ruling "is very unlikely to be upheld."
Republicans, on the other hand, claimed victory.
"This ruling underscores what the President has already acknowledged publicly 22 times: He doesn't have the authority to take the kinds of actions he once referred to as 'ignoring the law' and 'unwise and unfair,'" said Senate Majority Leader Mitch McConnell, R-Kentucky.