Legal Opinion

Texas v. United States

District Court, S.D. Texas

Decided August 31, 2018No. Civil Action No. 1:18-CV-00068PublishedCited by 5 opinions

1Opinion of the Court

Andrew S. Hanen, United States District Court Judge

Eight states and two governors1 are seeking declaratory and injunctive relief and ask this Court to hold that the Deferred Action for Childhood Arrivals ("DACA") program is illegal because its creation and continued existence violate the procedural and substantive aspects of the Administrative Procedure Act ("APA"). 5 U.S.C. § 500 et seq. Plaintiffs also seek relief based on their claim that DACA violates the Take Care Clause2 of the United States Constitution. U.S. Const. art. II, § 3. This order addresses the States' request for a…

2Cases cited104 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  4. Warth v. SeldinSupreme Court of the United States · 1975
  5. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998

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3Cited by5 opinions

  1. Department of Homeland Security v. Regents of Univ. of Cal.Supreme Court of the United States · 2020
  2. Rhonda Fleming v. Jody UptonCourt of Appeals for the Fifth Circuit · 2018
  3. State of Florida v. BecerraDistrict Court, M.D. Florida · 2021
  4. State of Texas v. United States of AmericaDistrict Court, S.D. Texas · 2021
  5. State of Texas v. United States of AmericaDistrict Court, S.D. Texas · 2023

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