|Judge Andrew S. Hanen|
In mid-January at the time of the hearing before Hanan, Federal attorneys claimed there was no problem with waiting until mid-February for his ruling since nothing would be done to implement the Department of Homeland Security orders before February 18,
"In that [motion] we reiterated that no applications for the revised DACA — this is not even DAPA — revised DACA would be accepted until the 18th of February," [Justice Department lawyer Kathleen] Hartnett told the judge, "and that no action would be taken on any of those applications until March the 4th."
A moment later, just to be sure, Hanen said to Hartnett, "But as far as you know, nothing is going to happen in the next three weeks?"
"No, your honor," Hartnett said.
"OK," Hanen answered. "On either?"
"In terms of accepting applications or granting any up-or-down applications," Hartnett said.
"OK," said Hanen.
"For revised DACA, just to be totally clear," Hartnett said.But, Hartnett was not telling the whole truth. Work permits had already been granted to 100,000 illegal immigrants. The government issued a "defendant's advisory" on Tuesday in Hanen's court noting that 100,000 "individuals" had already been granted "relief" between November 24, 2014 days after the Secretary of Homeland Security's orders were issued and the time of Hanen's ruling February 16, 2015.
Out of an abundance of caution, however, Defendants wish to bring one issue to the Court's attention. Specifically, between November 24, 2014 and the issuance of the Court's Order, USCIS granted three-year periods of deferred action to approximately 100,000 individuals who had requested deferred action under the original 2012 DACA guidelines (and were otherwise determined to warrant such relief), including the issuance of three-year Employment Authorization Documents for those 2012 DACA recipients who were eligible for renewal. These pre-injunction grants of three-year periods of deferred action to those already eligible for 2012 DACA were consistent with the terms of the November Guidance…Defendants nevertheless recognize that their identification of February 18, 2015, as the date by which USCIS planned to accept requests for deferred action under the new and expanded DACA eligibility guidelines, and their identification of March 4, 2015, as the earliest date by which USCIS would make final decisions on such expanded DACA requests, may have led to confusion about when USCIS had begun providing three-year terms of deferred action to individuals already eligible for deferred action under 2012 DACA. (emphasis added)One wonders if Judge Hanen is accustomed to being misled and what he will do about it.