Sunday, September 2, 2018

Texas Judge Wants to Spike DACA, but He Won't Enjoin It

Photo: Esmer Olvera
A federal judge in Texas hinted he’s likely going to rule against the legality of the Obama-era Deferred Action for Childhood Arrivals program, but refused to issue an injunction, finding that a group of conservative states waited too long to bring their lawsuit.
In declining to issue a preliminary injunction against DACA, U.S. District Judge Andrew Hanen of the Southern District of Texas said he believed the plaintiff states have shown a likelihood to succeed on their claims that DACA violated the Administrative Procedure Act. But he found the states brought the case after the government had granted deferred action to millions of people over several years.
“The plaintiff states have put forth what would otherwise be sufficient proof of irreparable damage and have shown that they have no other viable legal remedy. Nevertheless, the court finds that the plaintiff states cannot prevail on the legal element of irreparable harm due to their delay in pursuing the claims they now bring concerning DACA,” the 117-page opinion read.
A group of seven conservative states, led by Texas, sued to end DACA in May. Texas Attorney General Ken Paxton appeared to welcome Friday’s ruling, seizing on the judge’s finding that DACA likely violated the Administrative Procedure Act. DACA was created by executive action in 2012.
“We’re now very confident that DACA will soon meet the same fate as the Obama-era Deferred Action for Parents of Americans program, which the courts blocked after I led another state coalition challenging its constitutionality,” Paxton said in a statement.
Read the rest of the story HERE and follow links below to related stories:

Texas judge says he’ll likely kill DACA — but not yet

Texas Federal Judge Rules DACA Illegal, But Will Not End It Before Appeal

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