Seven states that sued to block the DACA program couldn’t demonstrate that permitting it to continue was causing irreparable harm, a federal judge said on Friday, declining to halt the Obama-era policy that protects young illegal immigrants from deportation.
U.S. District Judge Andrew Hanen, who has previously ruled against DACA-related programs, argued that the states waited too long to seek a preliminary injunction.
“Here, the egg has been scrambled,” Hanen wrote in his ruling. “To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country.”
Still, Hanen said that he thinks the program, which stands for Deferred Action for Childhood Arrivals program, is unconstitutional. “If the nation truly wants to have a DACA program, it is up to Congress to say so,” Hanen wrote.
“As the Justice Department has consistently argued, DACA is an unlawful attempt to circumvent Congress, and we are pleased the court agreed today,” Justice Department spokesman Devin O’Malley said.- READ MORE
[divider][/divider]A federal judge ruled Friday that the DACA deportation amnesty was probably illegal when President Obama created it in 2012 — but he refused to halt the program altogether, leaving it to other courts to sort out a major legal mess.
Judge Andrew S. Hanen’s ruling clashes with those of several other federal courts which said President Trump’s attempt last year to phase out the DACA program was also illegal.
Taken on face, the rulings mean that the program is illegal — but so is the effort to erase it from the books.
The issues are likely to speed through the circuit courts and quickly reach the Supreme Court, perhaps during its upcoming session.
But for now it leaves the program mostly intact, with current DACA recipients able to renew their work permits and two-year stays of deportation, though no new illegal immigrants are able to apply. – READ MORE
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