The state of Texas is taking President Donald Trump failure to cancel the Obama “Dreamer” amnesty to court in a move which will force the turncoat president to either live up to his election promise or come clean and admit that his policy is the same as the previous administration.
According to a report in the Washington Times, Texan state’s case is “as close to a slam-dunk as possible.”
Known in Washington as DACA, the amnesty was started by Obama—and was roundly criticized in last year’s campaign by Trump.
DACA brings with it a two-year stay of deportation and a work permit, entitling the immigrants to a Social Security number and the chance to earn a driver’s license and receive other taxpayer benefits.
In 2014, Obama went even further, proposing to expand DACA to all ages and to include perhaps 4 million parents of U.S. citizens and legal permanent residents. That expansion to parents was the DAPA program.
Texas led 26 states in suing to stop DAPA. A federal district judge in Texas, and then the 5th U.S. Circuit Court of Appeals, blocked the program nationwide, ruling it was illegal. The Supreme Court last year deadlocked 4-4, leaving the appeals court ruling in place.
Now that he is in office, Trump has failed to fulfill his election promise and has kept DACA intact, approving tens of thousands of new and renewal applications from illegal invaders in the US.
Trump’s turncoat polices have continued despite the fact that the program has been on borrowed time for more than a year, ever since a series of court battles ended with the June 2016 Supreme Court ruling that invalidated Obama’s second amnesty, the 2014 program known as DAPA.
Texas Attorney General Ken Paxton has now officially pressed the issue, saying in a letter last week that if DAPA is illegal, then so is DACA.
He gave Trump until early September to phase out the program or else he will force the courts to rule.
“This is a masterful stroke by Texas,” said Josh Blackman, an associate professor at South Texas College of Law. He said Mr. Trump has been trying “to have it both ways” but will now have to choose.
“If Texas decides to litigate this, you’ll now have the Trump administration defending in court an illegal program that they said is illegal,” he said.
DACA was controversial from the start. Obama for years publicly doubted he had the power to circumvent Congress and issue such a broad amnesty. He reversed himself just before the 2012 election when he was desperate to shore up support among Hispanic voters.
Trump administration officials have been silent on the threat by Paxton and eight other state attorneys general and one state governor—all Republicans.
“Dreamers,” who just weeks ago cheered the administration’s announcement that it was maintaining DACA, were furious at the latest turn and called Texas’ move racist.
“This is our home, and we are here to stay,” said Greisa Martinez, an advocacy director at United We Dream Action, a lobby for invaders.
But legal analysts said there may not be much anyone can do to rescue a program that suffers from the same legal flaws as DAPA.
“The cases are nearly identical. It’s a clear winner for the states, and I’m very happy Texas has sent this letter,” said Kris Kobach, secretary of state in Kansas and one of the key lawyers who has helped plot legal strategy for advocates of a crackdown.
If anything, DACA’s case could be an even tougher sell. While the Obama administration’s attorneys argued that DAPA recipients had an eventual path to legal status under existing law, based on the legal status of the children, that does not necessarily exist for DACA recipients.