District Judge Andrew Hanen
Appointed by: George W. Bush
Posted on 08/31/2018 1:16:01 PM PDT by 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.
Its not a law so really the court system has nothing to review.
Dubya’s handlers are calling in the favors as fast as they can.
Must protect the Fraud’s illegal reign and legacy!
Never forget the Coward Brothers Bush!
If I’m not mistaken this guy has been pretty reliable in the past. But, he’s pretty clear, it seems to me, that what Texas did was more procedural than actually losing. Refile and make sure it’s done in a timely manner. Just because he tossed doesn’t mean they don’t have a remedy. And, when the judge that just tossed your case, tells you that you’d more than likely win, I think that a hint that they should get their sh*t together and try again.
But, I’d love to hear how it would harm the public and which part of the public would be harmed? The illegals, that shouldn’t be here anyway? Or the taxpayers who are footing the bill for all of them? If it’s the latter, I think they’ll be able to take care of themselves.
Why is it so difficult to end a POLICY?
Not immigrants.
The article says he is of the belief that eventually DACA will get tossed anyway. regardless that it isn’t even close to legislation in its true sense in the first place.
Hanen’s a good guy.
Don’t know who dropped the procedural ball here.
Abbott may have been preoccupied.
But the stampede will start again.
That’s the one thing that’s baffled me throughout the whole thing. I thought it lapsed? Didn’t the President give it an extra 6 months, which was months ago? On top of that it was an illegal EO issued by the previous administration, which stated, itself, that it wouldn’t stand up to a legal challenge.
Deferred Action for Childhood Arrivals (DACA) is an American immigration policy that allows some individuals who were brought to the United States illegally as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in the U.S
Why is it so difficult to end a POLICY?
Appointed by: George W. Bush
Don’t ask, just do it.
Let the judge enforce his perfidy.
Hate to say it, by my state, Texas, BLEW IT!
If DACA is ILLEGAL, UNCONSTITUTIONAL, or whatever, which it is, then why suspend our lawsuit against it, just because we get a President who is willing to cut a deal to ‘fix it’?
Or do we only carry through with our suits when it’s a DEMOCRAT President?
Hopefully we LEARN SOMETHING from this - either we (i.e., Texas) agree that DACA is JUST FINE and TOTALLY LEGAL, or we do not - and if we do not, why should our lawsuit be based on who’s in the White House?
It's a pretty good bet that he's executing this properly and objectively.
This would have been the Texas AG’s ball game, and Ken Paxton has been kept busy defending himself against slanderous, bogus charges launched by the left. Not surprising that he has been hamstrung in doing his constitutional duties.
Hanen was the trial court judge who ruled in favor of Texas in the DAPA case. He was affirmed by the 5th Circuit and the case tied 4-4 at SCOTUS. Hanen also sharply criticized 0bama’s DOJ lackeys for a “lack of candor” before the tribunal, meaning they lied to him.
Hanen is a good judge, and I trust his judgment. I think he’s correct, the policy was illegal and should be tossed. But the standards for a Preliminary Injunction are different than for a trial on the merits.
What may have harmed Texas in this case was the 2015 5th Circuit opinion in Crane v. Johnson, where Mississippi and the Border Patrol Union tried to declare DACA invalid but the suit was tossed for lack of standing. It does make today’s claim a bit stale to get a PI.
I wish some of those “Day in the Life” yokels of old would come back and let us throw pies at them.
This DACA caca could have been squashed before it got started but the GOP refused to sue to stop it.
DACA has no legal basis.
Much like the Kenyanesian Usurper who made it up out of thin air.
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