DOJ Files Brief in TEXAS v. USA
The DOJ has submitted a brief to the Fifth Circuit Court of Appeals opposing the injunction a Federal District Court ordered halting DACA and DAPA. In DOJ’s motion they argue that the state of Texas lacks Article III standing. The DOJ further argues that Texas cannot proceed under the APA because the INA explicitly bars it from doing so. The DOJ also argues that even if Texas somehow met the requirements for injunctive relief, such relief should be narrowly tailored to protect harm to the State of Texas—A nationwide injunction is improper according to the DOJ’s brief. The DOJ notes that the INA specifically bars the exercise of prosecutorial discretion from judicial review.
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The text of the full brief filed in the Fifth Circuit can be found here.