That marvel of American self-government—the separation of powers—is once again frustrating President Obama ’s habit of suspending statutes that conflict with his political goals. This time a federal judge in Texas has rebuked and blocked his attempt to rewrite immigration law—potentially rewiring the debate in Washington.
Judge Andrew Hanen issued a preliminary injunction late Monday against Mr. Obama’s order that awards quasi-legal status and work permits to some five million illegal immigrants. His meticulous 123-page ruling is a vindication of the 26 states that brought the challenge and, more significantly, for the rule of law.
Last November the Department of Homeland Security published memos instructing immigration enforcers to disregard federal laws that require deportation of the undocumented and place strict limits on who may work in the U.S. The White House and DHS claim this “deferred action” is nothing more than routine prosecutorial discretion, as if the department is merely conceding that its officers cannot hunt down and deport the millions of illegals in the country.