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Texas Judge at Center of Obama Case No Stranger to Border Fights

6 minute read

A federal judge in Texas became the latest supporting player to take center stage in the nation’s ongoing immigration drama. But for U.S. District Judge Andrew S. Hanen, the southern border with Mexico has always played a starring role.

On Monday night, Hanen ordered the Obama Administration to stop a plan to defer deportations for up to 5 million people who are in the U.S. illegally while a lawsuit filed by 26 states plays out in the courts. The order drew praise from many Republicans as well as criticism from opponents who quickly cast him as a “staunch critic” of the president’s immigration policy.

“[The deferred deportation program] does not represent mere inadequacy; it is complete abdication,” Hanen wrote. “The [Department of Homeland Security] does have discretion in the manner in which it chooses to fulfill the expressed will of Congress. It cannot, however, enact a program whereby it not only ignores the dictates of Congress, but actively acts to thwart them.”

Hanen is no stranger to the issues involved. For the last 12 years, the problems that have occupied not only the Rio Grande Valley, but the wider nation — drug trafficking, political corruption, border disputes and now, immigration — have been center stage in his South Texas courtroom. Hanen, an appointee of George W. Bush, has presided over high profile racketeering trials involving state and local officials, sat in judgment on a parade of smuggling and drug cases, and ridden herd over eminent domain lawsuits prompted by the federal government’s desire to build a fence along the Texas-Mexico border.

Photos: Documenting Immigration From Both Sides of the Border

Immigration Border Crossing Mexico Kirsten Luce
A woman and her child from Central America are apprehended just after crossing the Rio Grande, Hidalgo, Texas, June 24, 2014. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Women and children from Central America are apprehended just after crossing the Rio Grande, Hidalgo, Texas, June 24, 2014. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Border Patrol Agents respond to a call near a section of the border fence in Hidalgo, Texas on Feb. 13, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Border Patrol vehicles respond to a call on the banks of the Rio Grande in Hidalgo, Texas on June 24, 2014. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
The old border fence where scouts watch for border patrol activity and aid drug or migrant traffickers in Tijuana, Mexico, Feb. 14, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
A border patrol vehicle on the remote terrain along the border in Southern California, east of San Diego, Feb. 15, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Border Patrol agents patrol the floodplain along the banks of the Rio Grande, south of Mission, Texas on Feb. 13, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Border Patrol agents patrol the thick brush along the banks of the Rio Grande south of Mission, Texas on Feb. 13, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Women and children from Central America are apprehended just after crossing the Rio Grande into Hidalgo, Texas on June 24, 2014. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Women and children from Central America are apprehended just after crossing the Rio Grande into Hidalgo, Texas on June 24, 2014. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
The belongings of women and children apprehended after crossing the Rio Grande into Texas, collected and bagged by Border Patrol, Hidalgo, Texas, June 24, 2014. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
Migrants run from a gap in the border fence to a waiting car in the early morning in Penitas, Texas, Feb. 14, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
An aerial of jeep trails in the United States (bottom), in an area that was once a popular crossing point into the United States from Tijuana, Mexico (top), Feb. 15, 2013. Kirsten Luce
Immigration Border Crossing Mexico Kirsten Luce
The westernmost edge of the border extends into the Pacific Ocean separating Tijuana, Mexico and California.Kirsten Luce

Attorneys who have practiced in his court told Texas Lawyer on Tuesday that Hanen, who was a respected civil litigation attorney with one of Houston’s establishment law firms before becoming a federal judge in 2002, is a well-liked conservative with a libertarian streak.

The tumult paraded into Hanen’s Brownsville courtroom is a far cry from the hushed, lush surroundings of his early career. After graduating first in his class at Baylor Law School in 1978, Hanen, known to friends as “Andy,” went to work as a briefing clerk for one of the most esteemed figures in Texas judicial history, Chief Justice Joe Greenhill, the longest-serving justice on the Texas Supreme Court. Greenhill was a Democrat, but then so were the overwhelming majority of officeholders and Texas leading lawyers in those days. The two became close enough that Hanen was one of the speakers at Greenhill’s memorial service in 2011. After a year of clerking, Hanen joined Andrews Kurth, a powerful Houston-based firm whose alumni include former U.S. Secretary of State and Bush family consigliere James Baker.

Hanen began donating to Republican candidates in the 1990s, contributing small sums to U.S. Senator Phil Gramm. In 1992, President George H.W. Bush nominated him to the federal bench, but he was never confirmed. The younger Bush tried again with more success; in May, 2002, Hanen was confirmed to the bench of the U.S. District Court of the Southern District of Texas by a 97-0 Senate vote.

Since then, close observers say Hanen’s tenure has often been marked by a concern for signs of government overreach. “Sure, he’s a conservative, but he also has what might be called a libertarian bent, certainly with regards to property rights,” says Terence M. Garrett, a professor of government at the University of Texas, Brownsville.

In 2008, the U.S. Department of Homeland Security filed hundreds of eminent domain lawsuits in an effort to build the fence along the U.S.-Mexico border. Hanen has traveled to many of the disputed properties to look over the land and examine issues like access to water rights along the river. In January, Texas Lawyer noted Hanen had the most unresolved cases, some 136, on his docket in the district, thanks, in large part, to the DHS cases.

See What Illegal Immigrants Carry in Their Bags

Carlos Gomez, 34, from Guatemala. He already has lived in Miami for ten years until he was deported five month ago. He tried to go back in U.S.A. but was deported again from Mexico. In his bag has a shirt, scissors, a pair of pants, razorblade, pills, shampoo, deodorant, a can of coke and a t-shirt.
Carlos Gomez, 34, from Guatemala. He already had lived in Miami for 10 years until he was deported five months ago. He tried to go back to the U.S. but was deported again from Mexico. In his bag was a shirt, scissors, a pair of pants, razor blades, pills, shampoo, deodorant, a can of coke and a T-shirt.Emanuele Satolli
Carlos Gomez, 34, from Guatemala.
Carlos Gomez, 34, from Guatemala.Emanuele Satolli
Alfredo Núñez, 46, from El Salvador. He wants to go to U.S.A. but he thinks it also would be fine if he can reach the north of Mexico and find a job there. In his bag has a pair of shoes, a bible, toilet paper and a cell phone.
Alfredo Núñez, 46, from El Salvador. He wants to go to the U.S. but he thinks it would be okay if he can reach the north of Mexico and find a job there. In his bag, he has a pair of shoes, a bible, toilet paper and a cell phone.Emanuele Satolli
Alfredo Núñez, 46, from El Salvador.
Alfredo Núñez, 46, from El Salvador.Emanuele Satolli
Delmis Helgar, 32, from Honduras. She is in a hurry to reach Houston where her little daughter is living with some relatives, after her ex-husband was recently deported. In her bag has a make-up set, hand mirror, lip gloss, deodorant, shirt, small bible, face gel, wallet, mobile phone, pills, battery charger, hair band and two tampons.
Delmis Helgar, 32, from Honduras. She is in a hurry to reach Houston where her little daughter is living with relatives, after her ex-husband was recently deported. In her bag was a make-up set, hand mirror, lip gloss, deodorant, a shirt, a small bible, face gel, a wallet, a cell phone, pills, a battery charger, hair band and two pantyliners.Emanuele Satolli
Delmis Helgar, 32, from Honduras.
Delmis Helgar, 32, from Honduras.Emanuele Satolli
Luis Alfredo Portales, 43, from Guatemala. He lived in California for 28 years. Was deported 18 months ago when he had a car accident because drunk. He wants to go back to his wife and 4 sons who are living in U.S.A. He already has tried to reach his family but was deported from Mexico. In his bag has a t-shirt, ointment, a bottle of water, tortillas, batteries, ID card, pills, toothbrush, banana, chips and a pair of pants.
Luis Alfredo Portales, 43, from Guatemala. He lived in California for 28 years. He was deported 18 months ago when he had a drunk-driving accident. He wants to go back to his wife and four sons who are living in the U.S.. He already has tried to reach his family but was deported from Mexico. In his bag, he has a T-shirt, ointment, a bottle of water, tortillas, batteries, an ID card, pills, a toothbrush, a banana, chips and a pair of pants.Emanuele Satolli
Luis Alfredo Portales, 43, from Guatemala.
Luis Alfredo Portales, 43, from Guatemala.Emanuele Satolli
Roger Savòn Court, 40, from Cuba. He flew to Colombia and traveled illegally through South America up to Guatemala. He wants to reach the U.S.A. and work honestly for the American society. In his bag has a sweater, two caps, cigars, wallet, toilet paper, a big shell talisman who guide him on the journey, headdress, fanny pack, necklace, document holder, a small Virgin Mary statue, mobile phone, hair gel and a detergent oil for the skin.
Roger Savòn Court, 40, from Cuba. He flew to Colombia and traveled illegally through South America up to Guatemala. He wants to reach the U.S. and work honestly in America. In his bag, he has a sweater, two caps, cigars, a wallet, toilet paper, a big shell talisman to guide him on the journey, a headdress, a fanny pack, a necklace, a document holder, a small Virgin Mary statue, a cell phone, hair gel and a detergent oil for the skin.Emanuele Satolli
Roger Savòn Court, 40, from Cuba.
Roger Savòn Court, 40, from Cuba.Emanuele Satolli
Ariel Mejia, 22, from Guatemala. He left for U.S.A. with a coyote but he was caught just entered in Mexico and deported. He wants to reach New York where he has two brothers working there and waiting for him. In his bag has a handkerchief, two pair of socks, bars of soap, cell phone, pills, a pen, toothbrush and a towel.
Ariel Mejia, 22, from Guatemala. He left for the U.S. with a coyote but he was caught as he entered Mexico, and deported. He wants to reach New York where he has two brothers working there and waiting for him. In his bag, he has a handkerchief, two pairs of socks, bars of soap, a cell phone, pills, a pen, a toothbrush and a towel.Emanuele Satolli
Ariel Mejia, 22, from Guatemala.
Ariel Mejia, 22, from Guatemala.Emanuele Satolli
Edwin Alexander Mateo, 22, from Guatemala. He traveled toward U.S.A. but was caught in Mexico and deported. He's trying to reach the U.S.A. because he wants to get a job, buying a music equipment and become a dj. In his bag has a pair of pants, t-shirt, bible, mobile phone, wallet, phone card, perfume, prayer book, toothpaste and a toothbrush.
Edwin Alexander Mateo, 22, from Guatemala. He traveled toward the U.S. but was caught in Mexico and deported. He's trying to reach America because he wants to get a job, buy music equipment and become a DJ. In his bag was a pair of pants, a T-shirt, a bible, a cell phone, a wallet, a phone card, perfume, a prayer book, toothpaste and a toothbrush.Emanuele Satolli
Edwin Alexander Mateo, 22, from Guatemala.
Edwin Alexander Mateo, 22, from Guatemala.Emanuele Satolli
Andres Sanchez, 42, from El Salvador. He lived and worked in Virginia. 2 years ago he was caught during a normal control when he was driving and deported. He's trying to go back in Virginia. He's traveling with no bag because he wants to seem like a local.
Andres Sanchez, 42, from El Salvador. He lived and worked in Virginia. Two years ago he was caught during a normal police check when he was driving. He was deported. He's trying to go back to Virginia. He's traveling with no bag because he wants to look like a local.Emanuele Satolli
Andres Sanchez, 42, from El Salvador.
Andres Sanchez, 42, from El Salvador.Emanuele Satolli
Cesar Augusto Coxaj, 39, from Guatemala. He already tried to reach Denver but was caught in New Mexico while was crossing the desert. He knocked on the door of a farm to ask some water because he was thirsty. After twenty minute the border patrol caught him. He thinks that the farmers called the patrol. In his bag has a wallet, a sweater, a shirt and an envelope with some document and phone numbers.
Cesar Augusto Coxaj, 39, from Guatemala. He already tried to reach Denver but was caught in New Mexico while crossing the desert. He knocked on the door of a farm to ask for some water because he was thirsty. After 20 minutes the border patrol caught him. He thinks that the farmers called the patrol. In his bag, he has a wallet, a sweater, a shirt and an envelope with some documents and phone numbers.Emanuele Satolli
Cesar Augusto Coxaj, 39, from Guatemala.
Cesar Augusto Coxaj, 39, from Guatemala.Emanuele Satolli
José Alfredo Bin, 27, from Guatemala. Deported from Mexico while he was trying to get to Miami, wants to go to U.S.A. to earn more money. In his bag has a pair of shorts, flip-flops, a pair of pants, two toothbrushes, deodorant, wallet, underwear, belt and a t-shirt of Real Madrid.
José Alfredo Bin, 27, from Guatemala. Deported from Mexico while he was trying to get to Miami, he wants to go to the U.S. to earn more money. In his bag, he has a pair of shorts, flip-flops, a pair of pants, two toothbrushes, deodorant, a wallet, underwear, a belt and a T-shirt of Real Madrid.Emanuele Satolli
José Alfredo Bin, 27, from Guatemala.
José Alfredo Bin, 27, from Guatemala.Emanuele Satolli

In some of the cases, Garrett says, Hanen’s rulings slowed the agency’s rush to build the fence which, he adds, was an unpopular undertaking among Valley residents from both sides of the political fence. “He caused DHS to at least respect the law,” Garrett says. Hanen told Texas Lawyer he could move the cases along faster by ordering the landowners into court, but he had chosen not to: “The added problem is, as a judge, you could force these things to trial, but it’s not fair to the land owner. … To make them go to trial with a lawyer when they are in the midst of negotiating with the government would cost them more than they will ever receive.”

The realities of life in South Texas also have spilled over into other cases before Hanen, prompting him to castigate federal authorities in a California immigration case for releasing a Salvadoran felon convicted in his court, and criticizing DHS for what he characterized as completing the act of smuggling by reuniting children from Central America with parents in the U.S. illegally.

Those earlier rulings prompted supporters of President Obama’s immigration plan to charge the 26 states attorneys general suing to stop it were judge-shopping when they filed in Brownsville. Hanen responded by implying that his proximity to the border made him particularly well-suited to understand the stakes. “Talking to anyone in Brownsville about immigration is like talking to Noah about the flood,” he said in January.

Indeed, U.S. Border Patrol statistics illustrate the wave of arrivals. In fiscal year 2014, some 256,393 individuals crossed into the Rio Grande Valley sector in which Hanen works, accounting for 52.6% the total crossings along the entire southern border. From Oct. 1, 2014, to Jan. 31, 2015, some 6,434 “unaccompanied alien children” crossed in the Rio Grande Valley sector, down a little from the 7,198 in the same period a year earlier, but still the largest number along the southwest border running from Brownsville to Yuma, Ariz. And the Rio Grande Valley sector has the most drug smuggling cases and the second-most immigration cases involving abuse and other associated felonies, according to Syracuse University’s Transactional Records Access Clearinghouse.

Still, not all of the judge’s focus is on the border. In 2013, Hanen sentenced a state district judge, a state representative, a local district attorney and several plaintiffs’ attorneys to prison in a large racketeering scheme. Joel Androphy, a Houston defense attorney who has known Hanen since they were both active in the Houston Bar Association, represented one of the convicted.

“He’s not looking to become famous, he’s looking to do the right thing,” Androphy told Texas Lawyer, adding that he might not agree with him, but “I would trust his judgment.”

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