QUESTION: What is going on with DAPA and the Executive Action?
Answer: As you might have heard, a Texas Judge issued a temporary injunction on President Obama’s Executive Actions on November 20, 2014. Late Monday night, February 16, Judge Andrew Hanen issued a temporary injunction against the implementation of the Obama Administration’s executive actions on prosecutorial discretion in immigration, known as DAPA and expanded DACA.
Question: What is new in the decision?
Answer: There is nothing surprising in the fact of the injunction. What is surprising, given this judge, is the narrowness of the ruling. Judge Hanen’s prior statements show that he was pre-disposed against favorable exercises of prosecutorial discretion in the immigration context.
The judge adopts fairly extreme rhetoric betraying his pre-disposition to rule against the government: He cites the government’s “failure to secure the borders” and then adopts the plaintiffs’ assertion of purported costs to the states without any evidence in the record. He even cited that the states will take on the cost of educating “illegal alien children” disregarding the Supreme Court’s Plyler v. Doe decision that providing education for all children is constitutionally required.
The Texas judge’s decision disregarded information submitted by the government as to the widespread economic and social benefits that the expanded DACA and DAPA programs would provide. Judge Hanen gave credence only to the alleged and unsubstantiated costs and harms to the states.
In other words, his lengthy decision was reaching more than the vast majority of federal decisions will do to come to the conclusion. It is as though he intended before the suit was ever filed to rule as he did and had to work the decision around to make some kind of argument to come to that conclusion. It is unfortunate that a Federal Judge would be so outspoken and biased.
Question: Is it the end of the expanded DACA and DAPA?
Answer: No. This is just a temporary injunction. The temporary injunction has already been appealed. It is likely to be overturned. Thus, this Federal Judges decision to try to thwart the executive action of President Obama by specious arguments and reaching conclusions and data that would not hold up in any other court of law will most likely only be temporary.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
