The
apology comes in the context of the Texas-led 26-State lawsuit against
the Obama Administration, challenging the second and third of the
President’s three unilateral executive orders on immigration: the
Deferred Action for Parents of Americans and Lawful Permanent Residents
(DAPA) and the expanded Deferred Action for Childhood Arrivals (DACA+).
In February, Judge Hanen issued a preliminary injunction halting the
DAPA and DACA+ programs–finding that the plaintiff-States had proven
both irreparable harm and a “likelihood of success” on the merits of
their legal claims. Hanen’s issuance of an injunction should have
stopped both DAPA and DACA+ from being implemented at all, but in early
March, DOJ admitted that it had begun to implement DACA+, and in fact
had already issued work permits and expanded deportation protection to
over 100,000 additional illegals.
Hanen is currently considering whether/how to further sanction the DOJ
for its transgression, though he has already ruled out striking the
government’s pleadings and entering judgment for plaintiff-States.
DOJ has appealed to the U.S. Court of Appeals for the Fifth Circuit,
asking that court to issue a stay of Judge Hanen’s preliminary
injunction. My guess is that the Fifth Circuit won’t interfere
with
Hanen’s ruling. And Hanen ought to hold the DOJ lawyers in
contempt
(though I doubt he will). Maybe he should have them write “I will
not
lie to the court” 1,000 times on a blackboard or walk around in front
of the courthouse with a sandwich board sign.
[FULL]
