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July 19, 2021

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Attorney General Steve Marshall Hails Court Ruling to Halt DACA Program

(MONTGOMERY) —Attorney General Steve Marshall hailed a federal court’s order on Friday that the Deferred Action for Childhood Arrivals (DACA) program must be halted. The U.S. District Court for the Southern District of Texas issued a permanent injunction in a lawsuit filed by Alabama and six other states.

“This is an important victory for the rule of law,” said Attorney General Marshall.
“DACA was unconstitutionally implemented by an executive order of the Obama
Administration, without the legal consent of Congress and without going through proper required administrative procedures.

“A president may not ignore the U.S. Constitution and usurp the authority of Congress to simply declare a wished-for policy as the law of our land. I am pleased that the Court has granted our request and acted firmly to stop this illegal abuse of power.”

The court’s ruling vacates the DACA program and enjoins its continued operation, prohibiting any new approvals of DACA applicants. For those who already have approved DACA status, the injunction is temporarily stayed pending further appellate review and potential actions by the Department of Homeland Security.

The lawsuit was filed May 1, 2018, by Alabama, Arkansas, Louisiana, Nebraska, South Carolina, Texas and West Virginia.

The Court’s order and permanent injunction may be read here.

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The primary duty of the Attorney General is to serve as legal counsel to Alabama's state agencies, departments, and officers. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). The Attorney General's Office does not handle any domestic cases (example: child support, child custody, divorce, etc.) or probate matters (real estate, wills, property disputes, etc.). To obtain an attorney or legal aid referral, you may contact the Alabama State Bar Lawyer Referral Service at or by calling 1-800-392-5660 .