Federal Judge In Texas Rules DACA Unlawful, Says Obama Exceeded Authority When Creating It

Federal Judge In Texas Rules DACA Unlawful, Says Obama Exceeded Authority When Creating It


In 2012, then-President Barack Obama issued an executive order that created a program called Deferred Action for Childhood Arrivals (DACA), which ensured that children brought into the U.S. illegally by their parents would not be deported. They were dubbed “Dreamers.”

But federal judge Andrew S. Hanen of the U.S. District Court in Houston – a President George W. Bush appointee – on Friday ruled the executive order was unlawful and that Obama exceeded his authority when issuing it.

Hanen in his ruling said Obama’s executive order violated the Administrative Procedure Act (APA) because it failed to allow the public to comment.

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“D.H.S. failed to engage in the statutorily mandated process,” Hanen wrote, “so DACA never gained status as a legally binding policy that could impose duties or obligations.”

The Obama administration had a history of ignoring the APA when issuing rules. It also ignored APA guidelines when issuing new rules for how colleges and universities handled allegations of sexual assault.

Hanen also wrote that

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