A federal judge’s order on immigration appears to have steeled some Capitol Hill Republicans’ resolve to fight President Obama over his plans to defer deportations for millions in the U.S. illegally.
The Obama administration had been set to begin implementing part of the November executive actions Wednesday, offering work permits and other documents to millions of undocumented immigrants, many of whom are parents of U.S. citizens or legal residents.
But the fight on Capitol Hill continues, with congressional Republicans hoping to use annual funding for the Department of Homeland Security to force the White House and Senate Democrats to capitulate.
Speaker John Boehner used the judge’s order to repeat his view that Obama overstepped his authority.
“The president said 22 times he did not have the authority to take the very action on immigration he eventually did, so it is no surprise that at least one court has agreed,” he said, in a statement echoed by Senate Majority Leader Mitch McConnell. “We will continue to follow the case as it moves through the legal process. Hopefully, Senate Democrats who claim to oppose this executive overreach will now let the Senate begin debate on a bill to fund the Homeland Security department.”
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Boehner’s comments were echoed by other Republicans, including Senate Majority Leader Mitch McConnell, House Homeland Security Chairman Michael McCaul and Texas Sen. Ted Cruz, who said Democrats were exhibiting the “height of irresponsibility” in blocking the funding bill.
Height of irresponsibility for Dems to block DHS funding to protect Obama's amnesty—which a judge has ruled illegal!http://t.co/Q5U5UYKLDV
Republicans have struggled for weeks to get any Senate Democrats on board with their strategy of using the Feb. 27 funding deadline to pressure the President into caving on his own executive actions. They’ve even lost a handful of Senate Republicans and Boehner—as of this weekend—is “certainly” prepared to let the agency run out of money. DHS Secretary Jeh Johnson believes that 30,000 government employees could face furloughs.
Meantime, the court fight will grind on. The White House plans to appeal the decision in the 5th Circuit, which could postpone the president’s actions by a month or two “at the very least,” according to Stephen Yale-Loehr, an immigration expert at Cornell University Law School who believes the president’s actions are lawful. He told TIME that it’s “unlikely” that “a lot” of people would be deported as the courts continue to hear the case.
“It’s always a chance,” he says. “If they’re stopped for a traffic violation and the local police turned them over to the federal immigration authorities they could be put into deportation proceedings. But even then they have to go before an immigration judge and a … hearing can take several months.”