As the fate of the Deferred Action for Childhood Arrivals (DACA) rests on the rulings of three circuit judges, a Texas-filed lawsuit seeking to shut down the immigration program could trigger a legal battle that may force the Supreme Court to finally decide on the matter.
In April this year, judges from the Second and Ninth Circuits ruled that the Trump Administration’s rescission of DACA was arbitrary and capricious, ordering the DHS to reinstate the program and accept DACA renewal applications. A few days later, Judge Bates of the D.C. Circuit likewise found that the Administration failed to adequately explain the legal basis for winding down DACA, ordering the government to continue accepting new applications, but only if it failed to come up with a better justification in 90 days.
Now, a lawsuit filed by the 7-state coalition of Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, and Texas seeking to terminate DACA could finally raise the issue to the Supreme Court. The states are banking on their chances of getting a judge to issue a nationwide order to stop DACA, which would conflict with the existing rulings of the three federal courts.