Texas Leads 7 States Lawsuit To End DACA

by Bamidele Ogunberu Posted on May 2nd, 2018

Houston, Texas, USA: Texas Attorney General, Ken Paxton, on Tuesday, filed a lawsuit to end DACA, on behalf of seven states that are traditionally Republican strongholds – Texas, Alabama, Arkansas, South Carolina, West Virginia, Nebraska, and Louisiana.

The lawsuit does not ask the government to remove any immigrants currently in the country with DACA protections, but does ask that it stop issuing or renewing any DACA permits in the future.

Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” Paxton said in a press release. “Texas has argued for years that the federal executive branch lacks the power to unilaterally grant unlawfully present aliens lawful presence and work authorization.”

Paxton said the lawsuit was filed Tuesday afternoon around 3 p.m. in the border town of Brownsville. Paxton’s office had informed the U.S. Department of Justice hours earlier that it planned to file suit.

He said he wasn’t sure how the federal government would respond to the lawsuit, but insisted “it’s about the rule of law, and we assume always that President Trump is in support of the rule of law.”

The announcement comes exactly a week after a federal judge in Washington, D.C. ordered the Trump administration to continue the Obama-era immigration program and reopen it to new applicants. That was the third — and by far the strongest — rebuke of Trump’s efforts to rescind the program. Judges in California and New York had previously ordered the administration to renew work permits for immigrants enrolled in the program.

In March, a judge in Maryland came down on the other side of the issue, ruling that Trump has the authority to wind down the program.

DACA, a program created in 2012 by President Barack Obama, gives immigrants who were brought to the United States by their parents as children renewable, two-year work permits and protection from deportation – allowing them to pursue educational and vocational goals in the country they grew up in.

There are more than 120000 DACA recipients  – often called Dreamers – in Texas.

After Texas and 25 other states sued to end the Deferred Action for Parents of Americans and Lawful Permanent Residents program — a similar measure that protected nearly 5 million undocumented immigrants from deportation — the program was enjoined and never went into effect.

EARLIER:  Trump Must Continue DACA, Accept New Applications – Federal Judge – Washington D.C., USA: U.S. District Judge John Bates in D.C., Tuesday, became the third federal judge to reject Trump’s excuse for rescinding the Deferred Action for Childhood Arrivals (DACA) program, ordering him to continue the program and accept new applications. The federal judge found the Trump administration’s rescission of DACA to be “arbitrary and capricious”.

The judge wrote that the government’s “failure to give an adequate explanation of its legal judgment was particularly egregious” in light of the hundreds of thousands of DACA beneficiaries who had structured their lives around the understanding that they could renew their benefits.

Bates sent the matter back to the Department of Homeland Security, putting his order on hold for 90 days “to allow the agency an opportunity to better explain its rescission decision.” A status report is due July 27.

If it fails to produce a more convincing argument in the three-month timeframe, DHS “must accept and process new as well as renewal DACA applications,” the judge said.

“Each day that the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action,” Bates wrote in his decision.

Bates order that the administration must accept new applications is a first in the ongoing legal battles over Trump’s decision.

Two other judges have issued similar rulings, but have only ruled that the program should be allowed to continue while litigation plays out.

Judges in New York and California have issued nationwide injunctions that partially revived the program, requiring the administration to process renewal applications after finding the rescission was likely unlawful. Neither order went so far as to order the government to start processing new applications, however.

Below Is A Copy Of The Judgement On DACA By Judge John Bates, United States District Court For The District Of Columbia

U.S. District Judge John Bates Judgement On DACA

The NAACP, Princeton University, and Microsoft Corporaton were among the groups that brought the cases in DC before Judge Bates.

Trump rescinded the Obama-era DACA – which gives protections to immigrants brought to the U.S. as children – in September, giving Congress six months to pass legislation in its place.

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