Congress could act on DACA ahead of Texas lawsuit

Many legal scholars think Texas has a good chance of ending the Obama administration's DACA program because it already killed a similar for parents of illegal aliens.

The Deferred Action for Parents of Americans and Lawful Permanent Residents - or DAPA - never even went into effect. 

“DACA is on even shakier legal ground than DAPA was because at least with DAPA it was parents of citizens and green card holders, and here it's people who are in the country with no legal tie at all,” says Ilya Shapiro, senior fellow of constitutional studies at the Cato Institute.

“They're probably going to argue these folks have relied on DACA and it's been place for a number of years, but that's really irrelevant as a matter of law, and in fact the DACA documentation says at the bottom of it the program could change at any time without notice,” he says.

DACA could face a similar fate as DAPA once the case is appealed in the Fifth Circuit.

“They're both the product of memos from the previous president who never even bothered to issue regulations for which there are no statutes, no federal laws actually authorizing the programs,” says Michael Hethmon, senior counsel for the Immigration Reform Law Institute.

Meanwhile, a push to force a Congressional vote on bills to protect Dreamers took a tactical turn at the nation's capital Wedesday. 

A group of Republican lawmakers have filed a "discharge petition."  The moves skirts GOP leadership and enable a bill to bypass committee approval to reach the House floor with enough member votes. 

Democrats are expected to support the measure which will need 25 Republicans.  As of this afternoon, about 15 had signed on. 

 The lawmakers behind the maneuver say they have three DACA bills for consideration.

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