Posted on 08/31/2018 7:42:26 PM PDT by bobsunshine
A Texas federal judge ruled on Friday that the Deferred Action on Childhood Arrivals (DACA) amnesty program for illegal aliens violates federal law, but declined the request of Texas Attorney General Ken Paxton and other states to issue an injunction blocking the program immediately, and instead certified his order for immediate appeal, fast-tracking this case for quick resolution. In a 117 page opinion, Judge Andrew Hanen of U.S. District Court for the Southern District of Texas agreed that the attorneys general, led by Paxton, were correct in their interpretation of the law — that the Obama administration’s controversial 2012 executive action violates the Administrative Procedure Act (APA) and impermissibly orders the federal government to ignore American immigration laws.
Because the APA, which regulates the actions of federal agencies, was enough for him to find DACA illegal, Hanen did not address the attorneys general’s arguments based on the Take Care Clause of the U.S. Constitution.
Rather than strike the program down himself with an injunction, however, Hanen left the program in place while setting up an appeal to higher courts — first the U.S. Court of Appeals for the Fifth Circuit and then, in all likelihood, the U.S. Supreme Court, where the issue of DACA’s legality will finally be decided.
(Excerpt) Read more at breitbart.com ...
When judges think their job is to protect the government’s ongoing operations rather than honor the law they swear an oath to uphold....
Long established lawlessness is no less unlawfuland just because people benefit that doesn’t mean the benefit they receive should be considered to trump the law. This is especially true if as is too often the case (for many other things than just an end run on the legislative power as was done with DACA) when the federal has no delegated power for a function.
Smart strategy, force it into appeals in an expedited fashion. The judge is trying to circumvent the standard stay and delay in appeals court.
Daca totally ILLEGAL. A first year law student knew that. CRUSH IT!!
What this judge is doing is proving Donald Trump’s instincts are right on the money. No one is going to kick the real dacas out of the country without a criminal charge against them. Not even scotus. This is not the cross we want to die on
We should remove ALL illegal aliens.
We should not wait until they harm or kill Americans.
Illegal aliens should not be given the opportunity to commit more crimes before they are removed.
Illegal aliens are illegal aliens.
DACA was never legal, it has no basis in law and if the GOP were on the side of the citizens and the rule of law they would have sued to stop it before it got started.
Finally something good from a black-robe on DACA caca BS.
Like being a little bit pregnant?
Sooo... It’s illegal but go ahead and keep doing it anyway!
Sometimes I can’t believe how close we are to losing everything due to a runaway federal judge. One crazy decision and we’re stuck with another 40 year mistake like RvW to fight against. Kavanaugh is vital to our survival as are the mid terms. Cant believe what a big EOY we have approaching us. Come New Year’s things will look much different either way.
Piss on the judges! It was not constitutional and it’s none of their business. This is the real swamp Trump needs to crush. Unelected black robed dictators that swear to uphold the law by subverting it.
It’s a fracking MEMO - it’s not even an executive order.
Total bs.. where is the constitution?
You just saw what a fed judge did who is the same judge who ruled against DAPA. He punted to the scotus and to congress.
My concern is sorting out real dacas from phony ones. They are going to try to fake us out with older teens who are illegals and call all of them dacas
Yes.
Sorry to disappoint the "shoot 'em and pitch 'em over the fence crowd" but this is a very smart move by a district court judge to expedite appeal on a matter which will undoubtedly end up with SCOTUS just as DAPA did.
He has found it illegal in his opinion but knows that if he declared it so, it would just go through a lengthy stay hearing and appeal process. His actions were the smart move to move it on to the appeals process ASAP.
There are no real daca, it’s all caca
This was a judge friendly to the actual law.
“Smart strategy, force it into appeals in an expedited fashion.”
That depends on how the 5th Circuit decides. The Supreme Court is 4-4. We may have to wait for Kavanaugh
I’d volunteer. Screw them all.
Deport every illegal, close the doors.
Agreed :)
“Smart strategy, force it into appeals in an expedited fashion. The judge is trying to circumvent the standard stay and delay in appeals court.”
indeed. get it to SCOTUS ASAP, because that’s the only place it can be settled once and for all ...
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