Seven state AGs file lawsuit challenging DACA

Seven state AGs file lawsuit challenging DACA

The Attorneys General from seven states filed a lawsuit [text, PDF] in the US District Court for the Southern District of Texas [official website] Tuesday challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program.

The seven states in the lawsuit include Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.

The lawsuit claims that DACA violates the Administrative Procedure Act’s notice-and-comment requirements and the Take Care Clause of Article II of the Constitution. It also states that DACA violates the Immigration and Nationality Act (INA) because DACA creates legal status for classes of people who are not included in the specific categories included in the INA. The lawsuit states that these are the same reasons DAPA and Expanded DACA were previously found to be unlawful.

The lawsuit seeks conjunctive relief “preventing the Executive from renewing or issuing any new DACA permits in the future.” It also seeks a declaratory judgment declaring that DACA is unlawful. The lawsuit specifies that it is not calling on the Court to resolve any ongoing legal challenges to the 2017 executive action which rescinded DACA.

The US Attorney General announced [JURIST report] plans to rescind DACA in September. A federal court in New York blocked [JURIST report] the repeal of DACA in February. The US District Court for the District of Columbia vacated [JURIST report] the 2017 executive order in April.