Barack just got some really bad news and has been exposed as the lawless president that he was.
He ruled by fiat, by executive order and seemed to overrule any law he didn’t like. Now, the chickens are coming home to roost.
As reported by Breitbart: A Texas federal judge ruled on Friday that the Deferred Action on Childhood Arrivals (DACA) amnesty program for illegal aliens violates federal law, but declined the request of Texas Attorney General Ken Paxton and other states to issue an injunction blocking the program immediately, and instead certified his order for immediate appeal, fast-tracking this case for quick resolution.
In a 117 page opinion, Judge Andrew Hanen of U.S. District Court for the Southern District of Texas agreed that the attorneys general, led by Paxton, were correct in their interpretation of the law — that the Obama administration’s controversial 2012 executive action violates the Administrative Procedure Act (APA) and impermissibly orders the federal government to ignore American immigration laws.
Because the APA, which regulates the actions of federal agencies, was enough for him to find DACA illegal, Hanen did not address the attorneys general’s arguments based on the Take Care Clause of the U.S. Constitution.
Rather than strike the program down himself with an injunction, however, Hanen left the program in place while setting up an appeal to higher courts — first the U.S. Court of Appeals for the Fifth Circuit and then, in all likelihood, the U.S. Supreme Court, where the issue of DACA’s legality will finally be decided.
“This court will not succumb to the temptation to set aside legal principles and to substitute its judgment in lieu of legislative action,” Hanen writes in rejecting the defendants’ — technically the federal government but represented by a series of pro-DACA states and non-profits — arguments, which included an appeal to DACA’s supposed popularity. “If the nation truly wants to have a DACA program, it is up to Congress to say so.”
“We’re now very confident that DACA will soon meet the same fate as the Obama-era Deferred Action for Parents of Americans program, which the courts blocked after I led another state coalition challenging its constitutionality,” Paxton said in a statement following Hanen’s ruling.
“President Obama used DACA to rewrite federal law without congressional approval. Our lawsuit is vital to restoring the rule of law to our nation’s immigration system. The debate over DACA as policy is a question for lawmakers, and any solution must come from Congress, as the Constitution requires.”