A conservative judge in Texas refuses to issue an injunction, so unauthorized immigrants currently protected from deportation will still be allowed to renew.
A federal judge in Texas has ruled that the Deferred Action for Childhood Arrivals (DACA) program — which President Trump sought to shut down in September 2017 but which has been partially reanimated by judges elsewhere — is probably illegal.
But Judge Andrew Hanen is refusing to order the program shut down immediately.
That’s a setback for the Trump administration, which has refused to defend DACA against the group of red states led by Texas suing over it (leaving its defense to advocacy groups), and which was hoping to use Hanen as a weapon against rulings in favor of DACA in New York, California, and Texas.
In the absence of a stop from Hanen, the Trump administration will have to continue accepting and processing two-year renewals of protection from deportation and work permits for the 690,000 unauthorized immigrants who came to the US as children already covered by DACA.
Hanen decided that the group of red states suing the Trump administration to end DACA waited too long to challenge the legality of the program. “The States could have brought a lawsuit against the entire program in 2012 or anytime thereafter,” he noted. But by now, because DACA has been protecting immigrants for six years, Texas can’t claim it would suffer irreparable harm if the program were allowed to continue for several more months.