Judge Denies Preliminary Injunction, Preserving DACA For Now

June 18, 2020

After the Supreme Court issued its decision, in the U.S. District Court for the Southern District of Texas in State of Texas, et al, v. United States, Judge Hanen issued an order stating, “Pursuant to this Court’s stay order, this case will remain ‘stayed until 30 days after [today]. At that time, the parties are to file a joint status report setting out their respective positions given that ruling and an agreed schedule to resolve this matter.”

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August 31, 2018

Today, Judge Hanen declined to issue a preliminary injunction halting DACA. In the interlocutory appeal order, Judge Hanen summarized the decision by stating that the "Court did not grant the preliminary injunction as it found that the States had delayed seeking this relief for years, that the balance of private interests fell in favor of the denial of the requested relief, and that implementing the relief at this point in time was contrary to the best interests of the public." However, Judge Hanen also stated that the plaintiffs "have clearly shown" that DACA is likely unlawful.

For media coverage, check out this CNN article: Texas judge says he'll likely kill DACA -- but not yet.

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August 8, 2018

Today, Judge Hanen held a preliminary injunction hearing on whether to issue a nationwide injunction, but did not issue an immediate ruling and asked for legal briefs to be submitted by Monday, August 13, 2018.

For more information, including upcoming key dates and other potential developments, please visit the National Immigration Law Center's DACA Litigation Timelineand CLINIC's Reminder that Upcoming Court Decisions Could Impact DACA.

For background information and media coverage, check out this NPR article: Immigration Debate Shifts To Texas Judge Who Blocked 2015 DACA Expansion and read this Vox article: DACA is in a state of legal limbo. Now a Texas judge might rule to kill it.

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June 14, 2018

Plaintiffs file an amended complaint for declaratory and injunctive relief.

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May 8, 2018

Several DACA recipients filed a motion for leave to intervene in the case. (Texas v. United States, 5/8/18)

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May 2, 2018

The states filed a motion for a nationwide preliminary injunction to prevent the federal government from implementing the 2012 memo that created the DACA program by issuing or renewing DACA permits in the future, stating that this "would essentially wind down the program over two years." (Texas v. United States, 5/2/18)

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May 1, 2018

Texas and six other states filed a lawsuit against the federal government in federal district court, challenging the 2012 executive action that created the DACA program and seeking an injunction against the issuance or renewal of any DACA permits in the future. The district court judge to whom this case is assigned, Andrew Hanen, is the judge who issued the 2/16/15 injunction blocking the implementation of DAPA and the expansion of DACA. (Texas v. United States, 5/1/18)

Cite as AILA Doc. No. 18050231.