Both Legomsky and Blackman said DOJ could decline to defend itself if they are sued over DACA and leave it to outside intervenors instead to fight the GOP-controlled states. One option is for an attorney general from a pro-DACA state, such as California, to intervene in the case and defend the program in court.
The Mexican American Legal Defense and Education Fund is one group that has already intervened in the existing case. In an interview, Thomas Saenz, MALDEF’s president and general counsel, said he believed the states would lose in their bid to kill DACA in the courts.
One reason: Texas and the other states may not even be able to prove that they have standing to sue. In the initial lawsuit, the courts found that the states could go ahead with the lawsuit because of t