Texas Judge's Immigration Rebuke May Be Hard To Challenge
(Reuters) - President Barack Obama's administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said.
In his ruling on Monday that upended plans to shield millions of people from deportation, U.S. District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans.
The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.
The ruling, however narrow, marked an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4.7 million illegal immigrants stay without threat of deportation.
"It's a very procedural point – that he did this too quickly," said Michael Kagan, a law professor at the University of Nevada, Las Vegas.
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http://www.reuters.com/article/2015/02/18/us-usa-immigration-courts-analysis-idUSKBN0LM02Y20150218
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