Republican-led states challenging the Deferred Action for Childhood Arrivals (DACA) program argue that a recent U.S. Supreme Court ruling regarding deportation guidelines does not undermine their lawsuit. Texas and eight other states contend that the Supreme Court’s ruling, which found that Texas lacked standing in its challenge to the deportation guidelines, applies to a specific rule involving compelling another’s arrest and prosecution. They emphasize that their case does not involve seeking enforcement against DACA-eligible immigrants or any immigration, deportation, or criminal action against DACA recipients or applicants. As such, their DACA lawsuit stands.

The states, including Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Texas, and West Virginia, assert that the current injunction against DACA does not require any specific action by the Department of Homeland Security or the Department of Justice. This argument comes in response to a notice filed by DACA recipients who claim that the Supreme Court ruling invalidated the states’ lawsuit.

The states argue that the Supreme Court‘s opinions in the DACA case support their standing to challenge the federal government’s exercise of authority over immigration. They contend that DACA, like the revived deportation guidelines, falls under enforcement discretion in the context of immigration. The states also maintain that the injuries they claim, such as increased state expenditures for certain noncitizens, were solely caused by the federal government’s lack of arrests. Even if enforcement priorities apply to their DACA lawsuit, the states argue that two exceptions would still provide them standing to challenge the program: the abdication of the federal government’s statutory responsibilities and the provision of affirmative immigration relief and eligibility for federal and state benefits under DACA.

ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any immigration-related issue, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice.

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