Meet District Judge Reed O'Connor, a federal judge in Texas who was appointed by former President George W. Bush in 2007. You can learn more about him in the Robing Room (a place where judges are judged), and you will find that O'Conner is somewhat sub-standard receiving only a 4.1 grade out of 10. Yesterday he indicated he was likely to block President Obama's Deferred Action for Childhood Arrivals (DACA) process.
According to David Leopold -- past President of AILA: "...the order, written by Judge Reed O'Connor, came in a lawsuit challenging DACA and prosecutorial discretion filed by nativist lawyer and Kansas Secretary of State Kris Kobach on behalf of ICE Union Boss Christopher Crane. The judge found that the DACA process, which gives eligible DREAMERs a temporary reprieve from deportation, likely, violates the law..."
What are the implications of Judge O'Conner blocking the DACA process?
For starters -- we know that Mexican-Americans are already livid with Texas Republican lawmakers who are trying to implement anti-Latino laws, and it is creating quite the stir -- particularly in south Texas.
2016 Presidential hopeful via Jeb Bush already has concerns with regard to Texas.
Florida Governor Jeb Bush tells Joe Hagan of New York magazine: “It’s a math question. Four years from now, Texas is going to be a so-called blue state. Imagine Texas as a blue state, how hard it would be to carry the presidency or gain control of the Senate.”
Hagan starts the article for New York magazine with this idea that Texas’ rapidly changing demographic will unfavorably affect the Republican party. He writes:
“Sitting down across from me, [Jeb] assumes his role as party Cassandra, warning of the day when the Republicans’ failure to tap an exploding Hispanic population will cripple its chances at reclaiming power—starting in Texas, the family seat of the House of Bush.”
DREAM Act students are well educated students who know no other way except the American way. They have pledged allegiance to our United States flag, and they want to contribute their much needed talents and taxes that could only ease the burdens of existing American tax payers.
If this Texas Judge blocks the DACA process, there will be a Mexican-American / Latin backlash like never before. And the backlash will occur because the Republican National Committee failed to control the bigotry that stinks amongst their political ranks. Nativist Republicans like Kansas Sec. of State Kris Kobach are destroying the Republican Party with their bigotry faster than a raging sagebrush fire that sits on top of a Texas oil field.
The burning questions are:
Why are the birthers and nativists using a plaintiff who lives in the State of Utah? Why didn't Kobach choose Utah to submit his lawsuit. Why Texas? Plaintiff Christopher L. Crane is an ICE Deportation Officer who earns his salary by detaining and deportingimmigrants.
David A. Martin makes an interesting observation with regard to Kansas Sec. of State in the Yale Law Journal:
The suit relies primarily on a superficially attractive and syllogistically neat statutory theory that Kobach first trumpeted in TV appearances and op-eds shortly after DACA was announced in June.6 Under Kobach’s theory, virtually every time an ICE agent encounters unauthorized aliens, he or she has a duty under federal law—with which no supervisor can interfere—to place the aliens into formal removal proceedings. The same argument has also been picked up by congressional opponents of DACA.7 But the argument’s central reasoning is legally erroneous. The theory takes out of context a provision Congress enacted in 1996, marries it with a misunderstanding of two provisions that have been in place for decades, and ignores the actual practice under those provisions. READ MORE>>>
I do not know the final outcome with regard to this Texas case (where the plaintiff lives in the State of Utah), but I do know that there will be grave political consequences and unprecedented political collateral damage for the Republican Party once more and more Mexican-Americans find out that this judge was appointed by a former Republican President of the brother (via Jeb Bush) who wants to run for President in 2016.
Where is the leadership of RNC Chairman Reince Preibus? Meanwhile, "Hispanic" / Cuban Republican Texas Senator Cruz is still missing in action with regard to legal immigration reform even though Texas shares 64% of the border with our trade ally and neighboring country of Mexico.
Incredible isn't it?