Thursday, January 25, 2018

AG Paxton Asks Supreme Court to Rule Against DACA, ASAP

Posted By on Thu, Jan 25, 2018 at 7:57 PM

TEXAS ATTORNEY GENERAL'S OFFICE
  • Texas Attorney General's office
Texas Attorney General Ken Paxton has filed a brief in the U.S. Supreme Court asking the court to overturn a federal judge's decision to temporarily keep the Deferred Action for Childhood Arrivals program in place. The Trump Administration issued the same request to the Supreme Court last week.

“The federal executive branch lacks the power to unilaterally grant lawful presence to unlawfully present aliens,” Paxton said in a press statement Thursday. “Left intact, DACA would set a dangerous precedent by giving the executive branch sweeping authority to circumvent Congress and change our nation’s immigration laws."

This court battle began in September, when President Donald Trump officially announced he would be ending DACA, an Obama-era program that has protected 800,000 undocumented immigrants brought here as children from deportation. Almost immediately after the White House's announcement, 15 states sued Trump for what they saw as intentionally discriminatory against Mexican immigrants (since 78 percent of DACA recipients are of Mexican origin).

On Jan. 9, U.S. District Judge William Alsup in San Francisco sided with these states, and issued a temporary injunction against the Trump's plan to phase out DACA. Alsup's ruling keeps the protections for DACA recipients in place until the litany of lawsuits against the administration's move plays out in court.



Of course, neither the Trump Administration — nor anti-DACA attorney generals like Paxton — were happy with this move.

On Jan. 17, the administration made the "rare step" of asking the Supreme Court to reconsider Alsup's ruling. And now, Trump-supporting states are backing him up.

"Texas has consistently, clearly, and publicly explained for years how DACA is unlawful," Paxton boasted in his court filing, referring to the letter he sent Trump in June where he threatened to sue the White House if it didn't roll back DACA.

Paxton went on to argue that DACA simply isn't legal. At least, to him.

"The scant grounds on which the district court relied to conclude that DACA is lawful do not withstand scrutiny," he wrote. Paxton threatened in his brief that he'd consider suing the White House if DACA wasn't removed by June 2018.

The Supreme Court has yet to reply to either Trump or Paxton's requests.

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