BROWNSVILLE, Texas (CN) - The federal judge presiding over the Texas-led challenge to President Obama's immigrant amnesty programs asked a Justice Department attorney Thursday, "Can I trust what the president says?"
It was a fair question from U.S. District Judge Andrew Hanen, after the Justice Department revealed earlier this month that U.S. Customs and Immigration Services had extended lawful presence rights from two to three years for 100,000 undocumented immigrants after telling the judge USCIS would not process any applications for such extensions until March 4.
"You were the one who said nothing would happen until March 4. I look like an idiot," Hanen told federal attorney Kathleen Hartnett at a hearing on Thursday.
Hartnett apologized to Hanen for any confusion and assured him the government strives for accuracy. "You can rely on the Justice Department," she said.
Hanen issued an injunction against the Department of Homeland Security's expanded amnesty programs on Feb. 16, putting the estimated 5 million immigrants who could qualify in limbo and drawing condemnation from immigrant advocates who claim he was handpicked for the case by the 26 Republican-led states who sued over the policies.
Hanen has been openly critical of Obama's immigration policies.
The Obama administration implemented the Deferred Action for Childhood Arrivals (DACA) program in 2012, and last November announced it would be modified to increase the number of people eligible.
The original DACA program allows immigrants who came to the United States as children, lived here since June 15, 2007, went to school, have not committed serious crimes, and are under 31 years of age to apply for legal status and federal work permits.
The administration expanded DACA in November 2014 by removing the age cap, pushing up the date on which immigrants must have lived in the United States to Jan. 1, 2010 and extending the legal status of those who qualify from two to three years.
In his speech announcing the November changes to DACA, Obama unveiled Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which would make some parents of U.S. citizens or legal residents eligible to apply for the right to live in the United States without fear of deportation and for federal work permits.
Following the Justice Department's confession about the 100,000 immigrants, Texas filed a motion for early discovery. Thursday's hearing focused on that motion.
With supporters of DACA and DAPA shouting "Si se puede," and holding signs stating "We Work Hard," "We Pay Taxes" and "We Are Good For the Economy" outside the Brownsville Federal Building and Courthouse, Hanen presided over a one-hour hearing there.
Texas Assistant Attorney General Angela Colmenero came up to bat first and she had some accusatory words for the Feds.
"Defendants made representations to the status quo and assured the court that they would not make any decisions until March 4, 2015, but this did not happen," she said.
"Defendants were actively moving forward with the applications process and no notice was provided to plaintiffs regarding the change to the status quo."
Colmenero also went after the merits of modified DACA, claiming it will motivate new immigrants to enter the country illegally and that the "expansion from two years to three years would cause harm by a wave of immigrants flooding our borders."