Request in Federal Court to Dismiss Challenge to DACA by Texas

July 31st, 2017

The Mexican American Legal Defense and Educational Fund (MALDEF) filed a motion in the US District Court for the Southern District of Texas to dismiss a threat by the State of Texas to amend its lawsuit against DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) to include a belated challenge against Deferred Action for Childhood Arrivals (DACA). MADELF is arguing that the original lawsuit against DAPA is not sufficiently related to DACA. DAPA, an Obama initiative, was barred by the Federal courts in 2015 and it never went into effect. The US Department of Homeland Security issued a memorandum on June 15, 2015, officially rescinding DAPA. MALDEF argues that such rescission renders the lawsuit to include DACA moot.

During the 2015 federal court proceedings to seek a preliminary injunction against DAPA, Texas was unequivocal that it was not challenging the 2012 DACA program. MALDEF argues that now, almost three years after the case, Texas should file a new lawsuit seeking invalidation of DACA.