May 01, 2018, 06:13 PM
JALLENTexas Attorney General Sues to Halt the DACA Program
National Review
Texas Attorney General Ken Paxton and six fellow attorneys general complicated the existing legal entanglements surrounding the Deferred Action for Childhood Arrivals (DACA) program Tuesday by following through on a previous threat to challenge the Obama-era immigration directive in court.
The lawsuit — filed by Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia — alleges president Barack Obama exceeded his constitutional authority in unilaterally creating the DACA program, which provides temporary legal status to immigrants brought to the country illegally as children. The plaintiffs are demanding that the federal government rescind the roughly 800,000 existing DACA permits and block all new requests.
“Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” Texas Attorney Gen. Ken 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,” he added.
Paxton, and what was originally a group of nine other state attorneys general, initially threatened to sue the Department of Justice in August if they did not discontinue DACA but relented when the administration announced they would roll back the program in September.
Paxton made good on that initial threat after a federal judge last week ordered the Department of Homeland Security (DHS) to reopen DACA applications for new would be immigrants, pending a 90 day period for an appeal. The decision — handed down by a circuit court judge in Washington, D.C. — surpassed three previous rulings blocking the DACA rollback, all of which held that DHS must continue renewing the 2 year applications granted to illegal immigrants.
Trump advocated for a legislative solution to the uncertainty he thrust upon DACA recipients when announcing the rollback of the program in September, but one has not yet materialized. Absent that firmly constitutional solution, the suit brought by Paxton and his partners may likely force the issue to the Supreme Court, bringing an end to the three ongoing legal challenges currently making their way through lower courts.
LinkMay 01, 2018, 07:42 PM
CQB60Thanks Paxton, commons sense abounds...
May 01, 2018, 07:49 PM
Cousin VinnieGood for Texas and this attorney general. This is what they are supposed to do instead of defend the illegals and unconstitutional actions of rogue politicians like our AG and Gov. here in Virginia.
May 02, 2018, 07:01 AM
HighZonieI would be proud to have Arizona added to the list....
May 02, 2018, 10:13 AM
nhtagmembersame here but I don't think Arizona has the balls
May 02, 2018, 03:04 PM
sdy https://theconservativetreehou...tivists/#more-148745 Texas Attorney General Ken Paxton filed the lawsuit in U.S. District Court in Brownsville on Tuesday; asking the court to rule on whether President Obama’s 2012 decision to grant deportation protections and two-year work authorizations to young undocumented immigrants — without congressional approval — was lawful.
A similar program in 2014 known as DAPA (Deferred Action for Parents of Americans) was ruled unconstitutional in 2016. However, the first executive action, ‘the DACA policy’, has never been challenged in court.
Today, a judge was assigned by random draw for the DACA case, and universal karma has come full circle with the outcome. Federal Judge Andrew Hanen was drawn as the presiding judge for the DACA challenge.
Judge Andrew Hanen was the original judge on the 2015 DAPA challenge.
Hanen was specifically furious at the gross misconduct by the Obama DOJ during the prior legal proceedings
During the 2015/2016 DAPA proceedings, the DOJ lied -numerous times- to Hanen’s court; and at the conclusion of the SCOTUS ruling (supporting the Hanen rulings), Judge Hanen demanded all of the DOJ lawyers attend ethics classes – and lambasted Attorney General Loretta Lynch for allowing such gross ethical misconduct.
May 02, 2018, 04:49 PM
Il Cattivo Oh, good, so no one really has to get the judge up to speed!
May 02, 2018, 07:23 PM
downtownvWasn't that the reason (Texas and other states were going to file suit that challenged the federal illegality done by the Kenyon) President Trump, gave a 6 mo window to resolve/end this BS?