AUSTIN – Attorney General Ken Paxton today filed a multistate motion for summary judgment with the U.S. District Court for the Southern District of Texas, asking it to declare the Obama-era Deferred Action for Childhood Arrivals (DACA) program unlawful and to stop the federal government from issuing or renewing any DACA permits in the future.
DACA unilaterally granted lawful presence and work authorization to nearly one million unlawfully present aliens without congressional authorization. Last August, the district court concluded that DACA is unlawful, and it confirmed that Texas is likely to win its multistate lawsuit to end the program. But the court stopped short of issuing a preliminary injunction of an ongoing government program.
“Our lawsuit is about the rule of law, not about the wisdom of any particular immigration policy,” Attorney General Paxton said. “DACA is just as illegal as the Obama-era Deferred Action for Parents of Americans program, which a Texas led multistate coalition blocked by challenging it in a court case that went all the way to the U.S. Supreme Court. Last August, the district court acknowledged that Congress has the sole authority to write immigration laws, and the president is not free to disregard those duly-enacted laws. We’re asking the court to grant summary judgment declaring DACA unlawful.”
In 2017, President Trump agreed to phase out DACA by March 5, 2018, after Attorney General Paxton led a multistate coalition requesting he do so or face a court challenge. Following several court rulings blocking the U.S. Department of Homeland Security from rescinding DACA, the Trump administration petitioned the U.S. Supreme Court to take up the case. Those cases remain pending before the U.S. Supreme Court.
View a copy of the brief here.