Federal Judge Schedules Hearing on Legality of DREAMer Program

In my post on Operation Choke Point I mentioned that one of the hallmarks of the Obama administration was its use of lawless means to further a political agenda. In the process they were willing to damage and even kill people to achieve their ends. One of the major tragedies of this outlawry is his DREAM program. Rather than negotiate with Congress to regularize the status of a half-million-plus people who were brought illegally to the United States as children, he attempted to create a quasi-legal means for them to remain in the United States though without the ability to fully participate in the civic life of the nation.

If you recall, back in 2014 an alliance of 26 states sued to stop an expansion of DACA and its partner regulation, Deferred Action for Parents of Americans and Lawful Permanent Residents, commonly referred to as DAPA. The states prevailed in the Fifth Circuit and a tied SCOTUS locked in the decision. While this was happening, the lawsuit against DACA, itself was stayed.

On June 29, Texas and nine other states informed the Justice Department that it had until September 5 to make DACA a law or they would sue to have DACA declared illegal. The suit would be heard by the same judge who issued the previous injunction.

Today, the judge showed that the threat is real:

A federal judge on Thursday preserved the path for Texas to challenge the 2012 deportation amnesty for Dreamers, delivering a blow to immigrant-rights advocates who had hoped to short-circuit the case.

U.S. District Judge Andrew S. Hanen agreed to put the case on hold until Sept. 5.

While seemingly innocuous, the ruling heaps pressure on President Trump, who now must decide whether to defend the controversial Deferred Action For Childhood Arrivals amnesty, known as DACA, or to drop the defense, which could pave the way for a phase-out of the amnesty.

Texas Attorney General Ken Paxton had given Mr. Trump a Sept. 5 deadline to announce a decision, and the judge’s order on Thursday preserves that timetable.

Then-homeland security secretary John Kelly has said that the administration will probably not defend the law in court.

I’d disagree with the newspaper on where the pressure lies here. Trump is on record as saying a) he opposes DACA but b) something needs to be done for the people in the program. I think that is where most Americans are. A legal action that will, inevitably, declare DACA to be illegal will put a huge amount of pressure on Congress to act because 2018 is just around the corner and Trump is not running for office.

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