States Sue Gov’t Over Failure to End DACA

by Causes | 5.10.18

What’s the story?

• Texas, Louisiana, Nebraska and four other states are suing the Trump administration over its failure to shut down the Deferred Action for Childhood Arrivals (DACA) program.
• The move could fast-track the DREAMer fight to the Supreme Court.
• The lawsuit follows a D.C. federal judge’s ruling that DACA can continue and accept new applicants.

Why are states suing?

• Attorney General Jeff Landry of Louisiana, one of the attorneys general from the seven states filing the lawsuit, told NPR:

“What we're looking for is a ruling that [DACA] is unconstitutional. The problem we continuously face in this country is Congress's inability to act. I think both sides of the aisle recognize that immigration policies in this country are broken. But there is a vehicle and a mechanism and an institution that is designed to remedy that. And that is Congress... Our objective is to get Congress to act.”

Why would the Supreme Court get involved?

• Josh Blackman, a professor at South Texas College of Law Houston, told the Associated Press that the lawsuit tees up "a fast pass to the Supreme Court."
• If the seven states can convince a judge to order a ban on DACA, the ruling would “conflict with existing judges’ orders telling the government it must partially continue the program,” the AP explained, adding:

“That's the kind of conflict the Supreme Court generally steps in to address.”

What do you think?

Do you want your state’s attorney general joining the lawsuit? Do you want Congress fixing – or scrapping – DACA? Hit Take Action and tell your reps, then share your thoughts below.

—Josh Herman

Related Reading

• Group of House Republicans Attempt to Force Votes on DACA

(Photo Credit: Molly Adams via Flickr)