Judge rejects Texas request to block DACA

The Hill ^ | 08/31/18 | Tal Axelrod

[yesthatjallen]

A federal judge in Texas on Friday denied the state's request to invalidate the Deferred Action for Childhood Arrivals (DACA), saying the state had waited too long to file the suit and the results of ending the program now could harm the public.

The judge, however, did predict that a challenge to DACA will eventually be successful in front of the court, saying the program is likely illegal.

“The Court did not grant the preliminary injunction as it found that the States had delayed seeking this relief for years, that the balance of private interests fell in favor of the denial of the requested relief, and that implementing the relief at this point in time was contrary to the best interests of the public,” District Judge Andrew Hanen ruled.

He went on to say that he thought DACA was "contrary to the Administrative Procedure Act."

“Plaintiff States have shown a likelihood of success on the merits of their claim that the Deferred Action for Childhood Arrivals…program is contrary to the Administrative Procedure Act…The court also found that the Plaintiff States had made a clear showing of irreparable injury,” Hanen said.

DACA is an Obama-era program that protected undocumented immigrants who came to the country as children from deportation.

[Thud]

He's just being a judge. They LOVE to say "no" based on technicalities. What he meant was that the states' delays in seeking this relief had induced too many people to materially change their positions in reliance on DACA for him to decide this case based on the sketchy factual record created by the injunction request. So there will be a trial at which he will likely find DACA illegal. And don't hold your breath waiting for him to change his mind, because he won't. DACA is a goner as far as he is concerned.

I saw rulings like this a lot during the 40 years I practiced law.

[etcb]

“The Court did not grant the preliminary injunction as it found that the States had delayed seeking this relief for years, that the balance of private interests fell in favor of the denial of the requested relief, and that implementing the relief at this point in time was contrary to the best interests of the public,” District Judge Andrew Hanen ruled.

Admittedly, I have not read the actual decision but from the above quote, it doesn't appear that this was a final decision on the case itself, but simply denial of the request to suspend the program while the case is in progress. He did indicate that he believed that the state would win when the trial is actually held. If I am correct in my reading, it is not a bad decision at all.

[backwoods-engineer]

So SICK of these tin-pot dictators, these district judges, who think they have the power to enforce non-laws. WHEN WILL WE HAVE JUSTICE? When will judges rule FOR AMERICANS instead of MS-13?

[trebb]

Yep - it was an EO that legally and officially expired - these “judges” are now making their own EOs....