Kirsters Baish| A federal district court judge delivered a major blow to the Deferred Action on Childhood Arrivals program (DACA) when he stated that he was sure that the program was guilty of violating federal law. (DACA is an Obama-era program that allows illegal immigrant’s children to stay in the U.S.)
The case was brought by the state of Texas and was supported by other states. Judge Andrew Hanen of the United States District Court for the Southern District of Texas would not block the program.
Hanen claimed that an injunction to block DACA wasn’t the right move, because of the kind of effect “an injunction would have while the law’s ultimate fate is still being decided.”
Hanen said that those states against DACA were unable to show “irreparable harm” in allowing the program to remain since they took too long to bring about the lawsuit, as reported by Fox News.
1/ Judge Hanen declined to issue a preliminary injunction in the DACA case, but strongly hinted he would issue a declaration that DACA was unlawful. This decision is perhaps the least chaotic approach to tee this issue up for prompt #SCOTUS review.
— Josh Blackman (@JoshMBlackman) August 31, 2018
“Here, the egg has been scrambled,” Hanen wrote, as reported by CNN. “To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country.”
Hanen claimed that the popularity DACA did not matter. He claimed that all that counts is whether or not it is legal.
He wrote, “This court will not succumb to the temptation to set aside legal principles and to substitute its judgment in lieu of legislative action. If the nation truly wants to have a DACA program, it is up to Congress to say so.”
Hanen agreed with the legal argument made by Texas that the 2012 action taken by the Obama administration to create DACA violated the Administrative Procedure Act and wrongly allows the federal government to ignore immigration law.
“President Obama used DACA to rewrite federal law without congressional approval. Our lawsuit is vital to restoring the rule of law to our nation’s immigration system. The debate over DACA as policy is a question for lawmakers, and any solution must come from Congress, as the Constitution requires,” he went on.
Western Journal writes:
Hanen set up an appeal to the U.S. Court of Appeals for the Fifth Circuit which is likely to be a stepping stone to the U.S. Supreme Court, where DACA’s legality could finally be decided.
The Justice Department said it supported Hanen’s decision.
“As the Justice Department has consistently argued, DACA is an unlawful attempt to circumvent Congress, and we are pleased the court agreed today,” DOJ spokesman Devin O’Malley said in a statement.
President Donald Trump tried to abolish DACA administratively but was blocked by a court ruling that kept the program in place. Trump has urged Congress to revise DACA, but lawmakers have been unable to agree on any plan.