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State Officials Make Legal Threat Against DACA

June 30, 2017
 
 

Texas Attorney General Ken Paxton and nine other state Republican attorneys general sent a letter Thursday threatening to sue if the Trump administration does not “phase out” the Deferred Action for Childhood Arrivals program, under which more than 700,000 undocumented immigrants who were brought to the U.S. as children, many of them now college students, have obtained two-year, renewable work permits and protection against deportation.

Trump has sent mixed messages about the DACA program, which was established by former President Obama in 2012. During the campaign Trump said that he would “immediately terminate” what he described as an “illegal executive amnesty” program. Since his election he has softened his tone and said he would deal with DACA “with heart,” but he has not pledged to continue it. A spokeswoman for the Department of Homeland Security said earlier this month that the program “continues to be under review with the administration.”

The 10 attorneys general that sent the letter threatening to sue over DACA were all part of a 26-state coalition that sued over another Obama-era program known as DAPA, which would have extended DACA-like protections to parents of American citizens and permanent residents. The Trump administration earlier this month rescinded the DAPA program, which was blocked by court order from ever going into this effect, saying there was "no credible path forward to litigate the currently enjoined policy."

In rescinding DAPA, however, DHS clarified that current beneficiaries of DACA will continue to be eligible to seek a two-year extension of their status upon expiration and that “no work permits will be terminated prior to their current expiration dates.”

In the letter to U.S. Attorney General Jeff Sessions, the 10 state attorneys general said that if the administration refuses to phase out the program, which they describe as "unlawful" in that it "unilaterally confers eligibility for work authorization and lawful presence without any statutory authorization from Congress," they will amend their lawsuit against DAPA to challenge the DACA program as well.

Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, condemned the attorneys general who sent the letter, saying in a statement that "their evident xenophobia is not remotely consistent with the trajectory of our nation's history and future progress."

"MALDEF urges the president not to cave in to the toothless threat in today's Texas letter," Saenz said. "Presidential authority does constitutionally extend to protecting DACA recipients, whom the president has repeatedly declared worthy of protection. We urge the president to fight to vindicate that authority."

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