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

The states, including Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Texas, and West Virginia, say that the current injunction against DACA does not require any specific action by the Department of Homeland Security or the Department of Justice. This is a 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 say that DACA, like the revived deportation guidelines, falls under enforcement discretion within the context of immigration. The states also believe that the injuries they claim, such as increased state expenditures for some noncitizens, were solely caused by the federal government’s lack of arrests. Even if enforcement priorities apply to their DACA challenge, the states argue that two exceptions would still provide them standing to challenge the DACA 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.

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