DOJ coordinated with Texas AG to kill Texas Dream Act, Trump official says
On June 4, the Justice Department initiated a lawsuit against Texas regarding the Texas Dream Act and swiftly filed a joint request with Texas for a judge to declare the law unconstitutional and to permanently block Texas from enforcing it. That same day, the judge complied.
External organizations aimed to challenge the ruling on Tuesday, contending that the Justice Department and Paxton's office had “colluded to secure an agreed injunction” and engaged in inappropriate “legal choreography” to achieve their intended result.
In remarks made at the Republican Attorneys General Association the day following the swift court ruling, Deputy Associate Attorney General Abhishek Kambli seemed to validate this.
“So just yesterday, we had filed a lawsuit against Texas, secured a consent decree the same day, or consent judgment, and it got approved hours later,” Kambli shared with attendees, according to audio captured by NBC News. “And what it did was, because we had that line of communication and communicated in advance, we managed to resolve a statute that’s been problematic for the state for 24 years in just six hours.”
Kambli, who had previously worked for Kansas Attorney General Kris Kobach, remarked that the Justice Department has “strong relationships” with state attorneys general, enabling it to “accomplish tasks.”
Kambli further stated that the second Trump administration “is learning to adopt a more proactive approach," as indicated in the audio.
“I believe that was the primary criticism during the first Trump administration — there were numerous missed chances to utilize federal government power for the issues we value that simply did not occur,” Kambli noted. “However, this time we’ve brought in many individuals from the state AG circles who have experience with that type of litigation, know how to implement it, and have been actively doing so.”
Paxton's office did not reply to a request for comment.
A spokesperson for the Justice Department did not deny that Kambli made those remarks and stated that it is “pretty standard” practice for lawyers from the Justice Department to inform state attorneys general regarding federal lawsuits in advance. The spokesperson referenced a policy from the Justice Department indicating that providing prior notice to state attorneys general before filing lawsuits could “settle matters prior to litigation.”
The Justice Department filed the lawsuit before U.S. District Judge Reed O'Connor, a nominee from George W. Bush, in the Wichita Falls Division of the Northern District of Texas, which has become a favored venue for conservative litigators seeking favorable results.
The organizations Democracy Forward, the ACLU Foundation of Texas, and the National Immigration Law Center submitted a motion on Tuesday on behalf of La Unión del Pueblo Entero, a union established by César Chávez. They averred that the chain of events “leads to one conclusion: the United States and the Texas Attorney General colluded to predetermined the outcome of the case.”
The motion further pointed out: “The framers did not design our adversarial system for collusion between parties. The system necessitates opposition, debate, and deliberation — not consent decrees disguised as litigation.”
Skye Perryman, the president and CEO of Democracy Forward, expressed her disapproval of Paxton for failing to uphold the bipartisan Texas Dream Act, which was enacted by the Legislature and signed by Gov. Rick Perry over twenty years ago. She highlighted that the Legislature had chosen not to repeal the law.
Paxton recently declared his intention to run against U.S. Sen. John Cornyn in the upcoming Republican primary next year — a contest between two Republicans who have been in conflict for years and are both seeking President Donald Trump’s favor.
“Rather than supporting the law of Texas ... Attorney General Paxton worked alongside the Trump-Vance administration to attempt to eliminate the law through judicial means,” Perryman stated. “This tactic is an abuse of the judicial system. If Attorney General Paxton refuses to defend Texans, we will. We are committed to opposing this opportunistic action, defending the Texas Dream Act, and supporting the bravery of our clients.”
Carl Tobias from the University of Richmond School of Law remarked that the leaders of the Texas House and Senate should be alarmed that Paxton’s office chose not to defend a state law.
"The entire foundation of the American legal system for resolving disputes is that parties with differing interests are in court for that reason," Tobias explained. "However, it is evident that political motives are likely at play."
Saikrishna Prakash from the University of Virginia School of Law, who has examined the responsibilities of state attorneys general in all 50 states, noted that an increasing number of attorneys general are willing to declare laws unconstitutional.
"One factor contributing to this willingness is political ambition, as they aim to become senators or governors," he stated.
Prakash observed that both Republican and Democratic administrations have recently shown a tendency to settle cases when a party aligns with the administration's views. Administrations also seek settlements that will obligate the next president to adhere to policies favored by their parties.
"In my opinion, managing in this manner is not an effective way to operate, whether under Biden or Trump," Prakash commented.
In the meantime, the Trump administration is filing lawsuits against more states regarding in-state tuition policies for undocumented students. Last week, the Justice Department initiated a lawsuit against Kentucky over its policy granting in-state tuition to undocumented migrants. On Wednesday, the Justice Department also sued the state of Minnesota over its similar law.
In both cases, the Justice Department cited the outcome in Texas as a basis for its actions.
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