Judge Attempts to Delay DACA Expansion, but NOT on Constitutional Grounds:

February 17, 2015:

A federal judge in Texas has determined that President Obama did not follow proper “administrative procedure” when he implemented DAPA and expanded DACA.  Through this the judge is attempting to stall the start of both programs through a temporary injunction. 

Republicans arranged for the hearing to take place in Texas, before one of the country’s most conservative judges, whom they were confident would rule in their favor.  Important to note, however, is that the judge’s ruling was NOT based on constitutional grounds.  What does this mean?  That even a conservative judge in Texas does not believe that President Obama acted outside his constitutional power to implement DAPA and expanded DACA, and that this judge was desperate to find another reason, any reason, to delay the program.

We are confident that the president’s administration will appeal this ruling, and that they will request a stay of the injunction, which will allow individuals to apply for expanded DACA while the case is pending.  We are also confident that the federal government will win the appeal, and that DAPA and extended DACA will continue as planned. 

Mitchell C. Zwaik

Long Island, NY
Brooklyn, NY
(631) 588-4040

info@zwaik.com