Even as various federal lawsuits attempt to block the end of the Deferred Action for Childhood Arrivals (DACA) program wage on, the Texas Attorney General, along with six other states, has filed yet another lawsuit. The difference is that the Texas-led suit has the opposite goal than the pending lawsuits; these states are seeking to force the Trump administration to end DACA as an illegal exercise of executive branch authority. In the suit, these states argue that the executive branch cannot “unilaterally grant unlawfully present aliens lawful presence and work authorization.”
Aside from Texas, the other states joining the suit include Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia. The suit is an indication of the growing frustration of Republican states over the Trump administration’s failure to end DACA as promised. In the suit, which was filed in the U.S. District Court for the Southern District of Texas, these states claim that the court has the power to rescind all existing DACA permits as unlawful and block the federal government from continuing the program in the future.
The suit sets up a strange situation between the parties, who both want the same thing: to end DACA. Since Trump’s efforts to end the program have stalled in pending federal lawsuits in Washington, San Francisco, and Brooklyn, the Texas suit aims to set up conflicting rulings on the DACA issue. This situation is likely to prod appellate courts, and even the U.S. Supreme Court, into hearing the suit and issuing a ruling on the issue.
Whether you are a DACA recipient or you are facing another type of immigration issue, the skilled and knowledgeable immigration lawyers of Peek & Toland are here to assist you. We handle many different types of immigration cases on a daily basis, including those related to the DACA program, and have the kind of strategic experience and skills that are necessary to reach the desired outcome. By calling our office as quickly as possible after your legal issue arises, we will have the best opportunity to successfully resolve your immigration law case.