Yesterday Texas and six other states filed a lawsuit against the the Trump administration over the Presidents’ failure to terminate DACA (Deferred Action for Childhood Arrivals); an Obama-era program created through ‘executive action’ that allowed work permits and legal status for hundreds of thousands of illegal aliens brought to the U.S. as children.
Texas Attorney General Ken Paxton filed the lawsuit in U.S. District Court in Brownsville on Tuesday; asking the court to rule on whether President Obama’s 2012 decision to grant deportation protections and two-year work authorizations to young undocumented immigrants — without congressional approval — was lawful.
A similar program in 2014 known as DAPA (Deferred Action for Parents of Americans) was ruled unconstitutional in 2016. However, the first executive action, ‘the DACA policy’, has never been challenged in court.
Today, a judge was assigned by random draw for the DACA case, and universal karma has come full circle with the outcome. Federal Judge Andrew Hanen was drawn as the presiding judge for the DACA challenge.
It cannot be overstated how significantly damaging that judicial draw is to the activist groups who are trying to support the Obama Executive Action. Judge Andrew Hanen was the original judge on the 2015 DAPA challenge.
Not only was Andrew Hanen the federal judge in the prior DAPA challenge, but Hanen was specifically furious at the gross misconduct by the Obama DOJ during the prior legal proceedings. Hanen wasn’t a little bit angry at the DOJ, he was FURIOUS (see here).
During the 2015/2016 DAPA proceedings, the DOJ lied -numerous times- to Hanen’s court; and at the conclusion of the SCOTUS ruling (supporting the Hanen rulings), Judge Hanen demanded that all of the DOJ lawyers attend ethics classes – and lambasted Attorney General Loretta Lynch for allowing such gross ethical misconduct.
Additionally, Judge Hanen is an incredibly brilliant judge when it comes to writing opinions that cannot be rebuked by appellate courts or even SCOTUS. In the 2015 DAPA case Hanen specifically waited to see how a Mississippi appeals court ruled on a tangential aspect to his case before writing his ruling. As a result the 5th CCA could not overrule his decision. –BACKSTORY HERE–
Texas -vs- DACA drawing Judge Hanen also means the immigration activists in congress will now have to work on legislating a solution. Nancy Pelosi and Chuck Schumer scored a big loss today:
A Republican appointee to the bench, Judge Hanen has already ruled against a similar deportation amnesty in 2015. And during that case he expressed skepticism about DACA itself, saying it seemed to stray beyond the bounds of discretion then-President Obama had claimed in setting up the program.
Judge Hanen, whose courtroom is in southern Texas, was one of the first to spot to surge of illegal immigrant children headed to the border in 2013 — a surge which crested in 2014 with the UAC wave that overwhelmed the Obama administration, and whose repercussions are still being felt today with the latest caravan of illegal immigrants.
He will now oversee the latest in an ever-expanding and complicated legal battle over DACA, which Mr. Obama created in 2012 to grant tentative legal status to illegal immigrant “Dreamers.” DACA was controversial from the start, and President Trump attempted to phase it out. (read more)