Texas Attorney General Ken Paxton has signaled that he may potentially bring another suit against the federal government if former President Obama’s Deferred Action for Childhood Arrivals (DACA) program is extended for illegal aliens.
Paxton’s original lawsuit against President Trump’s administration mandated that a decision on DACA — which has shielded nearly 800,000 illegal aliens from deportation — be announced by September 5, 2017. The suit prompted Attorney General Jeff Sessions to announce in September 2017 that DACA would officially be winded down and ended by March 5, 2018.
— John Binder 👽 (@JxhnBinder) August 29, 2017
Now, though, since a California court struck down the Trump administration’s ending of DACA, the temporary amnesty program has been reinstated and therefore if the U.S. Supreme Court does not take up the issue before the March 5 deadline, the program would be extended past the deadline.
Should DACA go on past March 5, Paxton, the original author of the 2017 DACA lawsuit, could file another suit to demand the program be ended for constitutional purposes.
When asked by Breitbart News whether Paxton would reopen his DACA lawsuit if the temporary amnesty continues past March 5, a spokesperson for the Texas attorney general said, “Unfortunately, we cannot comment on potential future litigation at this time.”
A report by the Dallas Observer revealed an excerpt of a brief wherein Paxton signaled a potential lawsuit if the Supreme Court does not decide on DACA before the March 5 deadline.
Paxton wrote in the brief:
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. 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. [Emphasis added]
This week, Trump’s Chief of Staff, John Kelly, shot down rumors that the White House would executively extend the DACA program for illegal aliens, saying of Congress, “What makes them act is pressure.”
John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder.