The New Orleans-based U.S. Court of Appeals for the Fifth Circuit has affirmed that the President lacked the legal authority to institute the Deferred Action for Childhood Arrivals (DACA) program after the policy was challenged by a coalition led by Attorney General Ken Paxton.
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“It's a travesty of justice that three unelected federal judges are forcing the Trump administration to leave an unlawful program like DACA in place indefinitely,” Attorney General Paxton said. “Activist judges should not stand in the way of the president fulfilling his constitutional duty. Our coalition is confident it will prevail with its lawsuit to end DACA, but in the meantime, the federal government must be enjoined from issuing or renewing any DACA permits under this unlawful program.”
“Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” Attorney General Paxton said. “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.”
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“Texas has successfully argued at all levels of the federal judiciary that the federal executive branch lacks the power to unilaterally grant lawful presence to unlawfully present aliens” Attorney General Paxton said. “Left intact, DACA would set a dangerous precedent by giving the executive branch sweeping authority to circumvent Congress and change our nation's immigration laws. Today, consistent with the rule of law and the principle of separation of powers, Congress has an opportunity to act.”