In the latest lawsuit over the Deferred Action for Childhood Arrivals program, seven states sued the federal government last week to force an end to the beleaguered program.
The Obama-era program allows certain qualifying undocumented individuals brought to the U.S. as children to register with the federal government and apply for temporary employment authorization to work legally in the U.S. The Trump administration terminated the program as of March 5, 2018, but other litigation has kept the program alive for now.
The new lawsuit, led by Texas, asks a U.S. District Court to immediately rescind and cancel all DACA benefits as unlawful. The states, which also include Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia, allege that the Obama administration exceeded its authority in introducing the program.
Current status of DACA:
BAL Analysis: The filing of the new lawsuit does not change the current status of DACA, and it is too early to predict how a court will rule in the case. While the Texas court is considered to be unsympathetic to DACA, the court’s authority will be constrained by the other court decisions. An unfavorable DACA ruling by the Texas court would probably lead to accelerated Supreme Court review. BAL is monitoring the litigation over DACA, including the July deadline set by the D.C. court, and will report any significant developments as the cases progress.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
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