Last Friday the Justice Department filed a brief that lays out how the Administration would like Judge Andrew Hanen to proceed in the DACA challenge brought by seven states. The brief, which supports the states’ challenge, marks the first time the Administrations has weighed in on the case. The Administration plan could send the matter back to the Supreme Court quickly, according to the Constitution Center.
So far, six federal judges across the country have addressed DACA. Two issued nationwide rulings requiring DHS to continue processing DACA renewals and a third ruled the Administration must begin to accept new DACA applications. The latter judge stayed his decision while the Administration further explains its rationale for terminating DACA.
The case before Judge Hanen, brought by Texas and six other states, argues DACA should be deemed unconstitutional, invalid under federal immigration law, and procedurally flawed. Declaring DACA “unlawful,” the Administration brief asked for a narrow review of DACA that would enable it to be invalidated without addressing its constitutionality. Judge Hanen had previously blocked implementation of the DAPA and extended DACA programs under the Obama Administration and is believed to be amenable to taking the same path on DACA.
In addition, Justice attorneys asked Judge Hanen to limit any injunction he might issue to the plaintiff states: Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia. This is consistent with the Administration’s position that other courts improperly issued nationwide rulings to keep DACA afloat. Finally, Judge Hanen was asked to stay any injunction for 14 days so Justice attorneys can seek stays for all DACA litigation from the Supreme Court.
Judge Hanen has scheduled a July 17 hearing on the issue of whether DACA should be enjoined. If he rules quickly and in the manner suggested, the Constitution Center says the Administration would not have to wait for the appeal of existing court rulings before going to the Supreme Court for relief.
Read more at the Constitution Center.
