[Ed. – “Because if we’d told you, Texas would have asked for a temporary restraining order, and you probably would have issued one.”]
Since Judge Hanen’s order was issued, it has come to light that by the date of the order, the Obama administration had already granted expanded DACA benefits (three years rather than two years) to approximately 100,000 illegal aliens. The Department of Justice disclosed this fact to Judge Hanen in a surprise filing:
In a “Defendants’ Advisory” filed with Hanen’s court late Tuesday, the Justice Department notified the judge that it has already implemented significant parts of the Expanded DACA program, and indeed that it has already granted expanded DACA protections and work permits to “approximately 100,000″ people.
The government’s lawyers essentially admitted that they were disclosing this fact because it was contrary to what they had previously told the court. That has led to a motion by the State of Texas to be allowed to conduct discovery to find out what happened. …
As the State’s [Texas’s] brief explains cogently, if the State had known that the Obama administration was already moving forward with implementation of the revisions to DACA that were at issue in the case, it would have moved for a temporary restraining order to block such actions. No doubt such a motion would have been granted.
It seems beyond dispute that the Obama administration misrepresented to the federal court what it was doing (hence the “Defendants’ Advisory”). However, the word “lie” is a strong one. It may well be that the government’s lawyers were not aware of the zeal with which certain federal agencies had moved forward to re-write the nation’s immigration laws.
[I don’t know. When do we go ahead and admit it’s a lie? – Ed.]