Democratic Attorneys General Oppose Texas-Led Effort to Block DACA

A 19-state coalition of Democratic Attorneys General urged Judge Andrew Hanen to reject a Texas-led lawsuit seeking a preliminary injunction against DACA and the program’s ultimate termination. An amicus brief in the case filed by New York Attorney General Barbara Underwood and California Attorney General Xavier Becerra argued that DACA is an exercise of prosecutorial discretion numerous presidents have used and ending it would cause states to lose hundreds of millions in tax revenue.

The coalition highlights the use of prosecutorial discretion by Presidents Ronald Reagan and George H.W. Bush, which gave 1.5 million relatives of aliens amnestied in 1986 an opportunity to become legal permanent residents. And the states noted “Without DACA, GDP will be $460.3 billion less over the next decade, with Social Security and Medicare tax receipts dropping $24.6 billion.”

The amicus brief argued that Texas cannot prove it will suffer irreparable harm if Judge Hanen refuses to impose a preliminary injunction on DACA. It said Texas waited until this year to sue even though DACA had been in effect for nearly six years. Moreover, it asks Hanen not to issue an injunction in light of two nationwide injunctions by other judges requiring the continued acceptance of either renewal or new applications.

Joining New York and California in the brief are the attorneys general of Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, Washington and the District of Columbia. 114 companies filed a separate brief also seeking to stop the Texas lawsuit.

Judge Hanen and the 5th Circuit Court of Appeals in 2015 blocked the Obama Administration’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program from taking effect, ruling that the Immigration and Nationality Act does not grant DHS authority to give lawful presence and work permits to an estimated 4.3 million people. In 2016, the Supreme Court deadlocked 4-4 in the matter, which upheld the injunction.

In May of this year Judge Hanen rejected a motion to dismiss the DACA case brought by Texas and six other states. A hearing on that case is set for August 8.

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