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

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Article date: 
1 September 2018
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National News
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A Texas federal judge ruled on Friday that the Deferred Action on Childhood Arrivals (DACA) amnesty program for illegal aliens violates federal law, but declined the request of Texas Attorney General Ken Paxton and other states to issue an injunction blocking the program immediately, and instead certified his order for immediate appeal, fast-tracking this case for quick resolution.
In a 117 page opinion, Judge Andrew Hanen of U.S. District Court for the Southern District of Texas agreed that the attorneys general, led by Paxton, were correct in their interpretation of the law — that the Obama administration’s controversial 2012 executive action violates the Administrative Procedure Act (APA) and impermissibly orders the federal government to ignore American immigration laws.
Because the APA, which regulates the actions of federal agencies, was enough for him to find DACA illegal, Hanen did not address the attorneys general’s arguments based on the Take Care Clause of the U.S. Constitution.
Rather than strike the program down himself with an injunction, however, Hanen left the program in place while setting up an appeal to higher courts — first the U.S. Court of Appeals for the Fifth Circuit and then, in all likelihood, the U.S. Supreme Court, where the issue of DACA’s legality will finally be decided....