Federal Judge in Texas halts new DACA / DAPA programs
by Stephen K. Tills
We discussed previously here that President Obama’s new Immigration reform programs would face Federal Judicial review. The result was not favorable to the President. Yesterday, a Texas District Court Judge (Judge Andrew Hanen) issued a temporary injunction stopping the implementation of the proposed DACA II and DAPA programs. The Judge found that the the programs exceeded the authority of the Executive branch in changing Federal Immigration Law. The case has been appealed by the Obama Administration to the 5th Circuit Court of Appeals located in New Orleans, LA.
The Memorandum and Opinion of the Texas Judge is attached.
The lengthy opinion exhaustively analyzes the issues of separation of powers, Executive enforcement of laws, and its power to exercise discretion. The Opinion does not effect the intial DACA program of 2012, which involved a small population of aliens who were under age 30 and entered the U.S. as children at less than 16 years old. That program has been implemented and is unaffected by this decision.