After last month’s Supreme Court ruling that states did not have the right to sue the federal government over its immigration enforcement guidelines, defendants in the still pending DACA lawsuit are arguing that the same logic should also disqualify states from suing to block the Biden administration regulations implementing the DACA program.
What they’re saying:
- The Biden administration, along with support from the Mexican American Legal Defense and Educational Fund (MALDEF), is arguing that, according to the ruling in the previous case, states cannot sue to force immigration prosecutions, and expenditures that states make for social services granted to immigrants do not establish the kind of injury needed to be able to file a lawsuit.
- On the other hand, the states claim that they are not trying to force prosecutions or arrests in this case but instead are trying to protect themselves from direct costs associated with the immigration benefits offered to DACA recipients. Therefore, a different legal analysis would apply.
Erickson Insights & Analysis
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.