WASHINGTON EXAMINER — The attorney general leading 26 states in a judicial fight against President Obama’s executive actions on immigration said Friday he expects a win for the prosecution when the Supreme Court takes up the injunction Monday.
“I think we have a great case,” Texas Attorney General Ken Paxton told Fox News host Megyn Kelly. “We’re gonna win, we’re very encouraged.”
The states are asking the highest court to grant a preliminary injunction for Obama’s November 2014 call to expand the Deferred Action for Childhood Arrivals to include illegal immigrants who entered the country before 2010, terminate the requirement that applicants be younger than 31 years old and extend the renewable deferral period to two years.
Paxton and the other states’ attorneys general have argued that the federal mandate is unfair to state budgets and governments because the president is overstepping the Immigration and Nationality Act, which states only the legislative branch of government can amend immigration caps.
Although the Supreme Court lost Associate Justice Antonin Scalia — its most conservative judge — in February, Paxton said he was very optimistic about the case, noting its success in the Fifth Circuit, a more conservative lower court, on two occasions.
In the case that the court rejects the states’ plea, the preliminary injunction would go away and the issue would go to trial, not immediately allowing DACA’s extension though.