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AG Derek Schmidt statement on district court decision finding DACA program unlawful

Release Date: Jul 16, 2021

TOPEKA – (July 16, 2021) – Kansas Attorney General Derek Schmidt today issued the following statement on the decision by a U.S. District Court finding the Deferred Action for Childhood Arrivals (DACA) program unlawful:

“Today’s decision is a victory for the rule of law that reaffirms no president has the unilateral authority to rewrite or suspend our immigration laws. Even President Obama stated this obvious fact on numerous occasions until, capitulating to political pressure, he purported to create DACA by executive action. As I have said many times during the course of this lengthy litigation, DACA recipients are a sympathetic group with significant public support and a compelling argument that their circumstance is unique. But, because of President Obama’s unlawful executive action, for the past decade DACA recipients have lived under the cruel illusion of a program that in fact never could lawfully exist. Instead of further litigation, it is my hope that today’s decision will spur Congress finally to fix our broken immigration system - starting with securing the border.”

On Schmidt’s authority, Kansas has been one of the plaintiffs in this lawsuit on the prevailing side in today’s decision. The case is Texas v. United States.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.