Attorney General of Texas Ken Paxton
Tuesday, May 1, 2018 – Austin

Text of AG Paxton’s Remarks At Press Conference Announcing 7-State Lawsuit Challenging the Unlawful Obama-Era DACA Program

Below are Attorney General Ken Paxton’s remarks from today’s news conference announcing a Texas-led seven state lawsuit against the federal government to end the unconstitutional Obama-era Deferred Action for Childhood Arrivals (DACA) program. You can view the video of his remarks here: https://bit.ly/2jnWxvk

“Today, leading a coalition of seven states, I filed a lawsuit against the federal government to end the unconstitutional Obama-era Deferred Action for Childhood Arrival program (“DACA”). DACA purported to grant lawful presence and work permits to nearly one million unlawfully present aliens without congressional approval. In fact, DACA was an attempt by President Obama to enact a law that Congress had repeatedly rejected. Our coalition is urging the U.S. District Court for the Southern District of Texas to declare DACA unconstitutional and stop the federal government from issuing or renewing any DACA permits in the future.

“Last September, President Trump sided with the rule of law. He agreed to phase out DACA after I led a coalition requesting his administration do so or face a court challenge. Since then, three activist federal judges have blocked the federal government from cancelling DACA. That means that unelected federal judges are forcing the Trump administration to leave an unlawful program in place indefinitely as legal challenges drag on. 

“The multi-state coalition lawsuit we filed today is about the rule of law, not the wisdom of any particular immigration policy. The Constitution guarantees the American people the right to set their own immigration policies through their representatives in Congress. 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. The danger DACA poses goes far beyond its consequences for our immigration system.  It invites future presidents to ignore the law, ignore the will of the people, and set their own policies on the Second Amendment, privacy rights, drug laws, or any of the other important issues debated in Congress.

“President Trump has a duty under the Constitution to take care that the law be faithfully executed.  Activist judges should not stand in the way of the president fulfilling his constitutional duty. DACA encourages lawlessness within the federal government and at our borders. Legally, DACA is similar to the executive amnesty program known as DAPA. The courts blocked DAPA after I led another state coalition challenging its constitutionality all the way to the U.S. Supreme Court. Our coalition is confident that ultimately, through our federal lawsuit, DACA will meet the same fate as DAPA.”

View a copy of the lawsuit here: https://bit.ly/2JKjh3P

Wednesday, May 2, 2018 – Austin

AG Paxton Files for Nationwide Preliminary Injunction to Halt the Unlawful Obama-Era DACA Program

Leading a coalition of seven states, Attorney General Ken Paxton today filed a motion seeking a nationwide preliminary injunction against the federal government’s unlawful Obama-era Deferred Action for Child Arrivals program, also known as DACA. Yesterday, the same multistate coalition filed a lawsuit to end DACA.

In the motion for a preliminary injunction, Attorney General Paxton and his counterparts asked the U.S. District Court for the Southern District of Texas to stop the federal government from issuing or renewing any DACA permits while the coalition’s lawsuit is pending.

Last September, President Trump agreed to phase out DACA by March 5 after Attorney General Paxton led a 10-state coalition requesting he do so or face a court challenge. But federal judges in California, New York and Washington, D.C., blocked the wind down, and the D.C. Circuit Court on April 24 gave the Trump administration 90 days to fully restore DACA. 

“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.”

DACA granted lawful presence and work permits to nearly one million unlawfully present aliens without congressional approval. As of August 21, 2017, DACA led to U.S. citizenship for 1,056 aliens and provided a pathway to citizenship for 39,514 aliens – even though the Obama administration promised the program would not grant any pathway to citizenship.

Texas has a proven track record in protecting liberty and taking on abuse of federal power. When President Obama sought to grant lawful presence to more than four million unlawfully present aliens, Attorney General Paxton led a multi-state coalition all the way to the U.S. Supreme Court to stop his unlawful immigration plan, known as the Deferred Action for Parents of Americans (DAPA). DAPA and DACA rest on the same flawed legal footing.

Joining Texas in the motion for a nationwide preliminary injunction against DACA are the attorneys general of Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.

View a copy of the motion seeking a nationwide preliminary injunction here: https://bit.ly/2KumAgE