DOJ declines to defend DACA in suit brought by Texas and other states
The Justice Department won't defend the Deferred Action for Childhood Arrivals program in a federal lawsuit that Texas and six other states filed last month challenging the constitutionality of the program.It looks like Texas and the other states will have a good chance of overturning Obama's DACA executive order and any appeal will go to the 5th Circuit which overturned previous Obama executive orders involving immigration.
The DOJ argued in a legal filing late Friday that the DACA policy is unlawful and is "an open-ended circumvention of immigration laws."
The DOJ's filing was in response to a lawsuit brought by Texas Attorney General Ken Paxton on behalf of seven states to the United States District Court for the Southern District of Texas. The states argue that former President Barack Obama's initial creation of DACA in 2012 violated the Constitution and federal law.
The states challenging DACA are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.