Andrew Hanen

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Andrew Hanen
Image of Andrew Hanen

Nonpartisan

United States District Court for the Southern District of Texas (senior status)
Tenure

2025 - Present

Years in position

0

Prior offices
United States District Court for the Southern District of Texas
Predecessor: Filemon Vela

Education

Bachelor's

Denison University, 1975

Law

Baylor University School of Law, 1978

Personal
Birthplace
Elgin, Ill.


Andrew S. Hanen is a federal judge on senior status with the United States District Court for the Southern District of Texas. He joined the court in 2002 after being nominated by President George W. Bush (R). Hanen assumed senior status on January 2, 2025.[1][2]

Education

Hanen received his undergraduate degree from Denison University in 1975 and his J.D. from the Baylor University School of Law in 1978.[1]

Professional career

Judicial career

U.S. District Court for the Southern District of Texas

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Andrew S. Hanen
Court: United States District Court for the Southern District of Texas
Progress
Confirmed 106 days after nomination.
ApprovedANominated: January 23, 2002
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: April 25, 2002
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: May 2, 2002 
ApprovedAConfirmed: May 9, 2002
ApprovedAVote: 97-0


Hanen was nominated to the United States District Court for the Southern District of Texas by President George W. Bush (R) on January 23, 2002, to a seat vacated by Filemon Vela, who retired from judicial service. The American Bar Association rated Hanen Unanimously Well Qualified for the nomination.[3] Hearings on Hanen's nomination were held before the United States Senate Committee on the Judiciary on April 25, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on May 2, 2002. Hanen was confirmed on a recorded 97-0 vote of the U.S. Senate, and he received his commission on May 10, 2002.[1][4]

Hanen was nominated by President George H.W. Bush (R) to serve on a federal district court on March 20, 1992, filling a new seat created by 101 Stat. 650. Under Rule XXXI, paragraph 6, of the standing rules of the United States Senate, Hanen's nomination was returned to the president on October 8, 1992.[5]

Hanen assumed senior status on January 2, 2025.[2][6]

Noteworthy events

Hanen blocks immigration plan

On February 16, 2015, Hanen ordered a halt to President Obama's executive actions on immigration announced on November 20, 2014. Hanen's injunction blocked key elements of the immigration initiative, most notably the provision protecting immigrants who came to the United States without authorization as children and a program that grants a deferred status to unauthorized immigrants who are the parents of U.S. citizens or legal residents.[7]

In the injunction, Hanen ruled that President Obama lacked the authority to implement the new immigration programs, stating:

“ The DHS was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence.' ... In fact, the law mandates that these illegally-present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.[8][9] ”

Citing United States Supreme Court precedent, White House Press Secretary Josh Earnest argued that such immigration authority lies with immigration officials:

“ The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws — which is exactly what the president did when he announced commonsense policies to help fix our broken immigration system. Those policies are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.[7][9] ”

Since President Obama's announcement on November 20, 26 states have filed lawsuits in opposition to the immigration initiatives. In addition to shielding the parents of U.S. citizens and the children who arrived in the U.S. illegally, Obama's proposals include granting work permits to undocumented immigrants and amnesty from deportation.[10]

Noteworthy cases

Hanen rules DACA unconstitutional

On July 16, 2021, Hanen ruled the Deferred Action for Childhood Arrivals policy, or DACA, unconstitutional because it was created by executive action rather than legislation. Hanen argued that “The executive branch cannot just enact its own legislative policy when it disagrees with Congress’s choice to reject proposed legislation," and that “Congress has not given D.H.S. the power to enact DACA.”[11][12]

Hanen stated the executive branch could not simply overrule decisions that had previously been made by the legislative branch and that DACA was contradictory to laws previous passed by Congress, including the Immigration and Nationality Act, or INA:

“ DACA is an unreasonable interpretation of the law because it usurps the power of Congress to dictate a national scheme of immigration laws and is contradictory to the INA. DACA would grant lawful presence and work authorization to over a million people for whom Congress has made no provision and has consistently refused to make such a provision.[13][9] ”

The Biden administration called the decision "deeply disappointing" and that the decision "relegates hundreds of thousands of young immigrants to an uncertain future."[14] In their response, they also stated their future plans to preserve DACA:

“ The Department of Justice intends to appeal this decision in order to preserve and fortify DACA. And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future. But only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve.[14][9] ”

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Federal Judicial Center, "Biographical directory of federal judges," accessed January 2, 2025
  2. ↑ 2.0 2.1 United Stated Courts, "Future Judicial Vacancies," July 5, 2024
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed June 23, 2016
  4. ↑ United States Congress, "PN 1339 - Andrew S. Hanen - The Judiciary," accessed June 23, 2016
  5. ↑ United States Congress, "PN 980 - Andrew S. Hanen - The Judiciary," accessed June 23, 2016
  6. ↑ Federal Judicial Center, "Hanen, Andrew S.," accessed January 8, 2025
  7. ↑ 7.0 7.1 Politico.com, "Judge halts Obama's immigration action," February 17, 2015
  8. ↑ The Washington Times, "Federal judge halts Obama amnesty; White House to appeal," February 17, 2015
  9. ↑ 9.0 9.1 9.2 9.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. ↑ The New York Times, "Obama Immigration Policy Halted by Federal Judge in Texas," February 17, 2015
  11. ↑ New York Times, "Judge Rules DACA Is Unlawful and Suspends Applications," July 16, 2021
  12. ↑ CNN, "The Dreamers' future in the US is endangered after judge's decision," July 16, 2021
  13. ↑ CNN' "READ: Judge's ruling declaring DACA illegal and blocking new applicants," July 16, 2021
  14. ↑ 14.0 14.1 The White House "Statement by President Joe Biden on DACA and Legislation for Dreamers," July 17, 2021

Political offices
Preceded by
Filemon Vela 		United States District Court for the Southern District of Texas
2002-2025		 Succeeded by
-


Texas courts

Federal courts:

Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas • U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas

State courts:

Texas Supreme Court • Texas Court of Appeals • Texas Court of Criminal Appeals • Texas District Courts • Texas County Courts • Texas County Courts at Law • Texas Statutory Probate Courts • Texas Justice of the Peace Courts

State resources:

Courts in Texas • Texas judicial elections • Judicial selection in Texas

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