Leading a coalition of 10 states, Attorney General Ken Paxton today filed a friend-of-the-court brief with the U.S. Supreme Court supporting President Trump’s authority to rescind the unlawful Obama-era Deferred Action for Childhood Arrivals (DACA) progam. DACA unilaterally granted lawful presence and work permits to nearly one million unlawfully-present aliens without congressional authorization.
Last year, President Trump agreed to phase out DACA by March 5 of this year after Attorney General Paxton led a 10-state coalition requesting he do so or face a court challenge. Following several court rulings blocking the U.S. Department of Homeland Security from cancelling DACA, the Trump administration petitioned the Supreme Court to take up the case.
In May, Attorney General Paxton’s multistate coalition filed for a nationwide preliminary injunction to stop the federal government from issuing or renewing any DACA permits under the unlawful program. In August, a U.S. District Court concluded that DACA is likely illegal, and it confirmed that Texas was likely to win its 10-state lawsuit to end the program. But the court stopped short of issuing an injunction.
“The Trump administration’s decision to wind down DACA is justified because DACA is just as legally flawed as the Obama-era Deferred Action for Parents of Americans program, which was stopped after Texas led a multistate coalition challenge all the way to the U.S. Supreme Court,” Attorney General Paxton said. “The Department of Justice and the Courts have all indicated that DACA was an illegal program, so it is absurd to claim the President must go through a lengthy rulemaking process in order to stop violating the law. Activist federal court judges should not stand in the way of President Trump fulfilling his constitutional duty. Left intact, DACA sets a dangerous precedent by giving the executive branch the sweeping authority to change our nation’s immigration laws to suit a president’s own policy preferences.”
Texas is joined on the friend-of-the-court brief by Alabama, Arizona, Arkansas, Florida, Louisiana, Mississippi, Nebraska, South Carolina and West Virginia.