Attorneys General are following a pattern.
In the same way some states attacked and ultimately destroyed DAPA (Deferred Action for Parental Accountability) through litigation in conservative courts and states, Texas Attorney General Ken Paxton is now fulfilling his promise of attacking young immigrant beneficiaries of the DACA (Deferred Action for Childhood Arrivals) program by following the same strategy.
Paxton filed a lawsuit to force the end of the Obama-era program and eliminate the deportation protections and work permits for all 800,000 DACA beneficiaries around the country, including more than 100,000 in his state.
Attorneys General from Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia are part of the lawsuit against DHS’s representatives for keeping the DACA program.
Courts in other states such as California and New York have ordered the continuation of the program. In the last decision, a judge may order the federal government to reinstate the program in its original form with new applications accepted and advance parole granted.
Paxton is fulfilling a promise. Months ago, he threatened to sue the Trump administration if DHS did not end the program by September 2017.
Paxton declared his position on the DACA program this way: “Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy. Texas has argued for years that the federal executive branch lacks the power to unilaterally grant unlawfully present aliens lawful presence and work authorization.”
The lawsuit is not asking for the deportation of the immigrants but opposes USCIS issuing new permits or renewing permits. This puts young immigrants in a perilous situation.
“The presidential power to establish a program like DACA sets a dangerous precedent that could allow executives to ‘ignore the will of the people’ and set their own policies on a long list of policy points,” said Paxton in a press release.
We wrote about the termination of DAPA in our Lacey and Larkin Frontera Fund blog in 2016. Please follow this link.