Federal judge declines to shut down DACA but leaves its fate uncertain

U.S. District Judge Andrew Hanen on Friday ruled against Texas and seven other states in a suit asking for an immediate hold on Deferred Action for Childhood Arrivals (DACA), the Obama administration's program to delay deportation of young immigrants who were brought to the U.S. illegally as children.

DACA critics were hopeful Hanen would take their side, as three years ago he ruled against another Obama-era program, Deferred Action for Parents of Americans (DAPA), that offered similar respite for parents of U.S. citizens and lawful permanent residents. President Trump rescinded both programs, though, of the two, DACA's end has been the subject of far more protests and court battles.

Hanen's Friday ruling said Texas is correct that former President Obama did not have legal authority to introduce DACA via executive order, but he cited the years-long delay in seeking this injunction as his rationale for denying it. "The states could have brought a lawsuit against the entire program in 2012 or anytime thereafter," he wrote.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up

Both sides of the suit hailed Hanen's ruling as a win. DACA supporters praised his recognition "that the balance of possible injuries and the public interest weigh heavily in favor of allowing DACA renewals to continue." But Texas Attorney General Ken Paxton said Hanen's agreement about DACA's illegitimacy as the product of an executive order rather than a bill passed by Congress makes him "very confident that DACA will soon meet the same fate" as DAPA.