Attorney General Paxton is building upon his previous efforts to end President Biden’s unlawful Deferred Action for Childhood Arrivals (“DACA”) program by filing a motion for summary judgment in his case against the federal government.  

The Biden Administration’s new DACA program was created after Attorney General Paxton successfully defeated the original program established under the Obama Administration. The New Orleans-based U.S. Court of Appeals for the Fifth Circuit correctly ruled that President Obama did not have the statutory authority to create the policy, but that has not deterred the lawless Biden Administration from creating a rule that is plagued by the same foundational flaws.  

Biden’s DACA program, which allows certain illegal immigrants to remain in the U.S. indefinitely and grants them many of the same legal rights and benefits as U.S. citizens, places an enormous burden on Texas and other states across the country. To stop this program, Attorney General Paxton filed a motion for summary judgment, which urges the court to nullify the new rule, permanently enjoin its implementation, and declare it both unconstitutional and unlawful on multiple grounds. 

“I successfully led the charge in defeating Obama’s DACA program already. I am hopeful that our judicial system will once again deliver a victory for American sovereignty and for proper checks and balances against the executive branch,” said Attorney General Paxton. “The Obama and Biden programs are practically indistinguishable in both the negative harms that they will have on this country and in the illegal means used to implement them. I am therefore calling for the new DACA rule to end in the same way that the Obama-era rule did: struck down as unlawful.” 

To read the full motion, click here.