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A little more than 24 hours before the day that undocumented immigrants could start applying to be beneficiaries of President Obama's executive orders on immigration, a federal judge ruled that the lawsuit brought against the White House by 26 states necessitated a temporary suspension of those orders. At the very least, U.S. District Judge Andrew S. Hanen's ruling put a delay on the application process until more is decided on the case. The Department of Justice has appealed Hanen's ruling. The most urgent concern may be the potential of the policies to inflict harm to the states. The administration believes that no harm would come about but Hanen, in his opinion, cited the potential of states having to start to provide services to undocumented immigrants only to have to cut them off if and when the policies are ruled to be illegal. "Once these services are provided, there will be no effective way of putting the toothpaste back in the tube," he stated. Hanen also maintained that his injunction was warranted because the White House did not comply with their duty to follow the legal rule making process including 90-day notice and comment periods. In some of his harshest criticism, Hanen wrote that the Obama administration did not have the authority of law to grant undocumented immigrants, "what the Department of Homeland Security itself labels as "legal presence.' In fact the law mandates that these illegally-present individuals be removed."
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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