Judge Hanen Says DACA Likely Illegal

Federal District Judge Andrew Hanen issued a ruling on Friday that denies a request from eight states, led by Texas, to temporarily halt the Obama-era DACA executive amnesty. But Judge Hanen did indicate in his decision that he will likely rule that the program is illegal.

“This Court by separate order has found that the Plaintiff States have shown a likelihood of success on the merits of their claim that the Deferred Action for Childhood Arrivals (“DACA”) program is contrary to the Administrative Procedures Act (“APA”). The Court also found that the Plaintiff States had made a clear showing of irreparable injury.”

Despite Judge Hanen hinting that he would eventually rule in the states’ favor, he decided not to immediately halt the amnesty program, citing the delay from the states in filing the challenge.

“The Court did not grant the requested 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 that relief at this point in time was contrary to the best interests of the public.”

Had Judge Hanen issued the preliminary injunction, it would have conflicted with three other federal courts who all issued injunctions against the Trump Administration’s efforts to end DACA. An injunction from Hanen would have almost certainly caught the attention of the Supreme Court and forced it to rule on DACA. Should Judge Hanen ultimately rule against DACA, the case would still likely head for the Supreme Court.

To read Judge Hanen’s full decision, click here.