Kansas AG: DACA program cannot lawfully exist

Capitol Bureau

TOPEKA, Kan. (KSNW) – Kansas Attorney General Derek Schmidt spoke out in support of the winding down of the Deferred Action for Childhood Arrival program.

In the legal brief filed Tuesday, Schmidt along with 11 other state attorneys general and the governor of Mississippi, asked the Supreme Court to rule that the DACA program could be rescinded because it was not legally created in the first place.

“DACA recipients, who were brought to the United States as children, are a sympathetic group with significant public support, and I continue to believe Congress should address their unique circumstance,” Schmidt said. “But in the absence of congressional action, no president – of either political party – has the unilateral authority to rewrite or suspend the law. By purporting to create DACA by executive action, President Obama established the cruel illusion of a program that in fact cannot lawfully exist, and in the process his unilateral action short-circuited congressional negotiations toward permanent immigration reform. The U.S. Supreme Court should make clear that it is not illegal to cease operating a federal program that was unlawfully created in the first place. Perhaps certainty from the nation’s highest court will finally give Congress the will to fix our broken immigration system,” said Kansas Attorney General Derek Schmidt in a release.

A copy of the states’ brief is available here.

The Supreme Court is scheduled to hear oral arguments in the case on November 12.  

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