DACA struck down by federal judge in Texas – Read full text of the opinion and injuunction

Border Patrol encountering child migrants.

U.S District Judge Andrew Hanen in Brownsville on Friday, July 16, 2021, issues and opinion and an injunction striking down DACA and ordering that no new applications may be approved however that existing approved recipients may continue their status and renew it. Hanen did add a warning to the Biden Administration that he may reconsider the scope of the injunction if the White House does not fix DACA.

Judge Hanen in his 77 page opinion concluded that Texas had standing to bring the lawsuit and went through several reasons why DACA is an inappropriate use of executive power particularly that it is contrary to the Immigration and Nationality Act because it creates a status rather than simply refraining from taking enforcement actions. The most problematic reason however to Judge Hanen seemed to be the violation of the Administrative Procedure Act by not going through the notice and comment process for new regulations. Perhaps this opinion is a hint to Biden to do so with the fix. The ruling is sure to be appealed of course.

Read the full text of the documents in pdf here:

Opinion and Order: 20210716 Hanen DACA ruling.pdf (bankruptcy4houston.com)

Injunction: 20210716-US_DIS_TXSD_1_18cv68_ORDER_OF_PERMANENT_INJUNCTION_Signed_by_Judge_Andr.pdf (bankruptcy4houston.com)

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