7 states file suit claiming Obama violated take care clause by creating DACA
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Texas and six other states have filed a lawsuit claiming former President Barack Obama violated the Constitution’s take care clause when he created the program protecting immigrants brought to the country illegally as minors.
“If ever there were a violation of the president’s duty to ‘take care that the laws be faithfully executed,’ ” the lawsuit says, “this is it.” The suit, filed Tuesday in federal court in Brownsville, Texas, challenges the Deferred Action for Childhood Arrivals program (DACA), created by Obama in 2012. A press release is here; the New York Times, the Washington Post and USA Today have news coverage.
In prepared remarks, Texas Attorney General Ken Paxton said President Donald Trump has sought to phase out DACA, but “three activist judges” have blocked the cancellation. “That means that unelected federal judges are forcing the Trump administration to leave an unlawful program in place indefinitely as legal challenges drag on,” he said.
The suit seeks an order barring the federal government from issuing new DACA permits or renewing existing ones, as well as a declaratory judgment that DACA violates the take care clause and the Administrative Procedure Act.
Joining Texas in the lawsuit are Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.
See also:
ABAJournal: “Did Obama Violate the Take Care Clause by Staying Some Deportations? John Yoo Weighs In”
