On Tuesday, the Republican-led states called the rule “unlawful” and asked for it to be blocked.
“The Final Rule—as the latest manifestation of the DACA program—is substantively unlawful for the same reasons as the DACA Memorandum. The Court should declare it unlawful and unconstitutional, vacate it in its entirety, and permanently enjoin its implementation (with a prudent transition for existing DACA recipients),” the filing states.
The case sits before Judge Andrew Hanen, of the Southern District of Texas, who ruled in July 2021 that DACA was unlawful and blocked the government from approving new applications for the program. Hanen’s order, however, allowed the program to continue for current enrollees while the case is litigated. That continues to be the case today.
This constitutes the latest move in the ongoing legal fight over the Barack Obama-era program (2009-2017) and represents another threat to hundreds of thousands of beneficiaries.