Wednesday, May 2, 2018
The State of Texas, along with six other states, sued the government today to halt the DACA program. The lawsuit, filed in the Southern District of Texas, Brownsville, follows the pattern that Texas used to stop DAPA. (Recall that the Fifth Circuit ruled in favor of Texas in the DAPA lawsuit, and the Supreme Court affirmed by an equally divided Court, but setting no nationwide precedent.) Here's the plaintiffs' motion for a preliminary injunction and supporting memorandum.
The challenge comes on the heels of yet another ruling that President Trump's rescission of DACA is unlawful.
Texas argues that DACA violates the Immigration and Naturalization Act (quoting the Fifth Circuit's ruling in the DAPA case); that it violates notice-and-comment requirements in the Administrative Procedure Act; and that it violates the Take Care Clause.
Texas is joined by Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia.