Texas Judge Halts DACA, Sends It On Fast Track To SCOTUS
Reactionary federal Judge Hanen ruled that DACA cannot continue in its current form, though he did hold off on deporting the more than 600,000 recipients already covered.
Reactionary Texas Federal Judge Andrew Hanen has ruled that DACA cannot continue in its current form, though he did hold off on deporting the more than 600,000 recipients already covered, pending inevitable appeals. How very generous of him.
The ruling his ruling is that states have standing to challenge the legality of DACA, and that standing comes because they have suffered financial harm in some form. From young people being granted work permits.
In his ruling, he deemed DACA an “illegally implemented program” and stated that “the public interest of the nation is always served by the cessation of a program that was created in violation of law and whose existence violates the law.”
Hanen also writes that the presence of DACA recipients “contributes to a more competitive labor market, which makes it more difficult for legal residents of Texas to obtain work.” But economists have long said there’s no evidence of such a problem, and DACA recipients may even provide a boost to the economy, as they are likely be employed in higher-skilled jobs.
From the legal eagles on Twitter:
District Judge Hanen is notoriously out there on immigration cases. He’s also the one who ordered 3,000 DOJ lawyers to take ethics classes during the Obama admin. https://t.co/NxX3uydsFh
— southpaw (@nycsouthpaw) July 16, 2021
The premise of this opinion, pages 9-10, is: the Supreme Court made a big whoopsie last year, issuing a superfluous decision upholding DACA because it forgot to consider if DACA was actually void, an oversight which occurred despite three Justices making that argument in dissent. https://t.co/grh1gaCocS
— Max Kennerly (@MaxKennerly) July 16, 2021
The District Court believes that, if this were to be appealed to the Supreme Court, a majority of the Court would hold, "ah, shoot, what our three colleagues said about DACA a year ago is actually right, the whole thing is void, we didn't even notice they wrote a dissent, oops." pic.twitter.com/ZYlZBHGMBw
— Max Kennerly (@MaxKennerly) July 16, 2021
Andrew Hanen was an extremist anti-immigrant Trump judge before there were Trump judges, as I documented at length in this 2015 article: https://t.co/HvFhowmKgA pic.twitter.com/frXXbtvJKi
— Anil Kalhan (@kalhan) July 16, 2021
(June 2016) "Like Donald Trump, Judge Andrew Hanen ... is a man with some longstanding, violently hostile opinions about immigration and the Obama administration." https://t.co/grzWEM85qA
— Anil Kalhan (@kalhan) July 16, 2021
Coincidentally, this ruling came out the very day after Democrats announced their intention to include immigration measures in their reconciliation bill. But that is fraught with problems too, because Republicans will block any efforts to codify DACA or work in a bipartisan way on actual immigration reform legislation.
Thee bottom line - there is no longer any viable long term leg/admin remedy for Dems on immigration b/c no matter what they try - the Rs have set up an express way to take them apart via TX-5th Cir-[stolen]SCOTUS.
If Dems want lasting immigration reform got to expand the Court.— Murshed Zaheed (@murshedz) July 16, 2021
The viable way this admin can protect DREAMERS & immigrants - is going all in to enact big structural reforms - ending filibuster to pass CIR and then protecting those advances via expansion of the Court. Speeches & kicking the can (commission) won't do. https://t.co/3WrsgYzGGq
— Murshed Zaheed (@murshedz) July 16, 2021