On Tuesday, Texas along with several other states filed a lawsuit against the Trump administration to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program.
The program protects about 800,000 young immigrants, often referred to as dreamers, from being deported, but President Donald Trump ended the program back in March.
Texas, along with Arkansas, Alabama, Louisiana, South Carolina, West Virginia, and Nebraska are requesting that DACA should be phased out in two years.
Texas Attorney General Ken Paxton in a federal court filed a lawsuit claiming that President Obama overstepped his authority by creating the DACA program.
“While the Court would have the power to enter an injunction immediately rescinding all DACA permits that confer lawful presence and work authorization, Plaintiff States are amenable to an injunction that prospectively enjoins Defendants in the future from renewing or issuing any new DACA permits that confer lawful presence and work authorization, but does not require the Executive to immediately rescind any existing DACA permits that confer lawful presence or work authorization. Such an injunction would effectively phase out the DACA program within two years,” writes the lawsuit.
“Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” said Paxton. “Texas has argued for years that the federal executive branch lacks the power to unilaterally grant unlawfully present aliens lawful presence and work authorization. Left intact, DACA sets a dangerous precedent by giving the executive branch sweeping authority to ignore the laws enacted by Congress and change our nation’s immigration laws to suit a president’s own policy preferences.”
Paxton threatened to file the suit last year, but then Trump attempted to put an end to DACA.
“For months, Congress has been unable to resolve the fate of immigrants protected from deportation under an Obama-era program known as Deferred Action for Childhood Arrivals or DACA. President Donald Trump ended DACA in September and gave Congress six months to come up with a solution. A federal court mandated the administration continue to accept renewal applications for now,”’ writes Wall Street Journal.
A GOP bill introduced by Sen. Chuck Grassley outlined an immigration plan that would offer 1.8 million “dreamers” a path to citizenship in exchange for $25 billion to be invested into border security and the Mexican border wall. However, the Dems did not come to the table.
“They Resist, Blame, Complain and Obstruct – and do nothing. Start pushing Nancy Pelosi and the Dems to work out a DACA fix, NOW!” tweeted Trump in January.
This latest lawsuit forces the Trump administration to either defend or to just abandon the defense of a program they don’t support. Trump and Attorney General Jeff Sessions have both called the program unconstitutional and illegal.
Author’s note: This only adds to the pressure to fix the DACA issue. Democrats need to stop being petty and accept a compromise. Instead, they have shown they are willing to abandon the dreamers because they can’t get other concessions.