Law & Courts News in Brief

Federal Ruling Keeps Lawsuit Against Deferred-Action Program Alive

By Tribune News Service — August 22, 2017 1 min read
  • Save to favorites
  • Print

Supporters of DACA, a program that grants temporary protection to young immigrants who were illegally brought to the United States as children, suffered a setback last week after a ruling by a federal judge in Brownsville, Texas, that puts more pressure on President Donald Trump to decide the program’s fate.

U.S. District Judge Andrew Hanen preserved the path for Texas Attorney General Ken Paxton to challenge the legality of Deferred Action for Childhood Arrivals, the program created by a 2012 executive order by then-President Barack Obama. An estimated 800,000 people have received its benefits since its inception.

In July, Paxton led a 10-state coalition demanding that the federal government to rescind DACA by Sept. 5 or face a lawsuit.

Hanen granted Texas’ request to delay any further proceedings in his court—where Paxton pledged to challenge the program—until after the coalition’s deadline for the federal government to act.

Hansen’s decision protects that timetable and puts the decision squarely in Trump’s hands.

Dismissing the case would make it more difficult for Paxton to challenge the original DACA program because rather than tacking the complaint onto an existing case, it would require him to file a new case and potentially land in front of a judge who was less favorable to the state than Hanen.

But Hanen’s decision did away with any hope of that and put the decision squarely in Trump’s hands.

During the 2016 campaign, Trump promised to repeal that executive order as part of a widespread immigration crackdown. Since taking office, Trump has said his administration will develop a plan for the young immigrants, but has yet to act.

Related Tags:

A version of this article appeared in the August 23, 2017 edition of Education Week as Federal Ruling Keeps Lawsuit Against Deferred-Action Program Alive

Events

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion How State Courts Are Quietly Shaping U.S. Education
In education, the real action is often at the state level, not in Washington, explains Derek Black.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Law & Courts Federal Judge Strikes Down Trump's $100,000 Fee on New H-1B Visas
Schools and states say filling teacher and doctor vacancies was hard enough before the fee hike.
3 min read
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York, early on June 9, 2026, as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen.
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York early on June 9, 2026 as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen. A federal judge in Boston has struck down Trump's elevated, $100,000 fee for H-1B visas that employers use to hire foreign workers for hard-to-fill positions.
Mark Schiefelbein/AP
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP