Judge Hears Testimony in Texas-Led DACA Case

August 9, 2018

Texas District Judge Andrew Hanen heard arguments in a lawsuit brought by 7 states seeking to end the Deferred Action for Childhood Arrivals (DACA) program. The plaintiff states largely relied on arguments that persuaded Hanen to block implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and extended DACA program in 2015. The states asked Hanen for a nationwide injunction but he did not issue a ruling yesterday.

Texas Attorney General Ken Paxton, who is leading the state coalition, said “DACA is unconstitutional because it rewrote federal law over the objections of Congress… represents a dangerous view of executive power, which would allow the president to unilaterally set aside any duly enacted law. It cannot be allowed to stand without doing serious harm to our Constitution. This lawsuit is vital to restoring the rule of law to our immigration system.”

The Trump Administration is not defending DACA, but Hanen allowed illegal-alien advocates and the State of New Jersey to assume that role. The Mexican American Legal Defense and Education Fund (MALDEF), which is leading the defense, said the states don’t have standing to sue because DACA had been operating for six years before they lodged a lawsuit. “Any assertion of irreparable damages is necessarily weak with regards to a program that has been implemented in Texas for six years, as throughout the country,” MALDEF said.

Hanen said he would postpone ruling on DACA’s constitutionality, and just consider the plaintiff’s request for an injunction. He asked both sides to file briefs by Monday answering the questions he raised during the hearing, including whether the Obama Administration violated the Administrative Procedures Act in creating DACA.

The Justice Department filed a brief in the case asking Hanen to limit any injunction to the plaintiff states, and to delay the effective date to give the Administration time to appeal. The states joining Texas in the lawsuit are Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.