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Texas attorney general leading lawsuit against ‘unlawful’ DACA program

The lawsuit was filed May 1.
Credit: Alex Wong/Getty Images
A stock photo of Texas Attorney General Kenneth Paxton (2nd R) speaking to members of the media as Texas Solicitor General Scott Keller (R) listens in front of the U.S. Supreme Court April 18, 2016 in Washington, DC.

AUSTIN — Texas Attorney General Ken Paxton is leading a seven-state lawsuit challenging the "unconstitutional" Deferred Action for Childhood Arrivals (DACA) program.

Paxton filed the lawsuit May 1 against the federal government, referring to the program which allows individuals who were brought to the United States illegally as children to receive a renewable two-year period of deferred action from deportation and to become eligible for a work permit.

The lawsuit asks to declare DACA unlawful and to stop the federal government from issuing or renewing any DACA permits in the future. It does not ask the federal government to remove anyone currently covered by DACA or rescind permits that have already been issued.

“Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” Paxton said in a statement. “Texas has argued for years that the federal executive branch lacks the power to unilaterally grant unlawfully present aliens lawful presence and work authorization. Left intact, DACA sets a dangerous precedent by giving the executive branch sweeping authority to ignore the laws enacted by Congress and change our nation’s immigration laws to suit a president’s own policy preferences.”

Attorneys general of Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia are joining the lawsuit. The lawsuit was filed in the United States District Court for the Southern District of Texas.

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