Seven states file lawsuit to end DACA program

May 02, 2018, 04:25
Seven states file lawsuit to end DACA program

Texas and a half-dozen other states filed a lawsuit Tuesday challenging the legality of the Obama-era DACA deportation amnesty, opening up a new legal front in the increasingly messy battle over illegal immigration.

While the Obama Administration argued that DACA would not grant a pathway to citizenship, it ended up providing a pathway for over 39,000 illegal aliens while only proving legal citizenship to approximately 1,000.

"While the decision does not fully resolve the uncertainty facing DACA beneficiaries, it unequivocally rejects the rationale the government has offered for ending the program and makes clear that the (Department of Homeland Security) acted arbitrarily and capriciously", he said. Just last week, a federal judge in Washington ruled that the government must keep the program in place and start accepting applications again, unless it can provide a stronger legal justification for abandoning it.

In South Carolina, Attorney General Alan Wilson, who attached his state to the lawsuit, says he doesn't mean any ill will to the children who will be affected by the end of DACA. The lawsuit argues that the executive branch can not "unilaterally grant unlawfully present aliens lawful presence and work authorization". "If it stands, DACA would give the executive branch the power to ignore the laws enacted by Congress".

The administration's plan for DACA held Texas and other states at bay, but the administration's inability to kill the program prompted Tuesday's filing, Paxton said.

The lawsuit asks the judge to wind down DACA, which would prevent any new permits from being issued or renewed but would not cancel current permits. Now those "legal challenges drag on", said Paxton, a Republican.

The seven states revived their lawsuit Tuesday to counter the errant injunctions blocking President Trump from ending DACA that were issued by US district courts in California, New York and Washington, D.C.

"The first three courts have ruled in favor of DACA recipients", said Stephen Yale-Loehr, a Cornell Law School professor and attorney with Miller Mayer.

The case is expected to end up before the U.S. Supreme Court.

The states filed the lawsuit in the same Southern District of Texas courthouse in Brownsville where Texas and other states filed a challenge in 2015 to another immigration program created by President Barack Obama, one aimed at parents of undocumented immigrants. The suit names as defendants the U.S. government and the heads of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services and the U.S. Border Patrol.

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