Homeland Security Secretary John Kelly, in a closed-door meeting Wednesday, would not commit the department to defending the previous administration's program to protect illegal immigrants who arrived as children.
Kelly reportedly told members of the Congressional Hispanic Caucus that although he personally supports the Deferred Action for Childhood Arrivals program, he cannot guarantee that President Donald Trump's administration will back it in court, according to Politico.
"This is what he's being told by different attorneys, that if it goes to court it might not survive," DHS spokesman David Lapan told The Washington Post on Wednesday. He added that unless Congress passes a bill guarding the program, "they're leaving it in the hands of the courts to make a decision."
Officials in Texas and 10 other states recently sent a letter to U.S. Attorney General Jeff Sessions threatening to sue the federal government if the DACA program is not rescinded by Sept. 5, according to The Post.
"It's not a pretty picture," meeting attendee Sen. Bob Menendez, D-N.J., told reporters. "The legal authorities that he's spoken to suggest that DACA cannot be sustained legally. We have a different view."
Rep. Nanette Diaz Barragán, D-Calif., added that members asked Kelly if he would lend his public support to a legal pathway for those in the program.
"I told him we would invite him to a press conference in support of DACA legislation, and he said that he would consider it," she said to reporters.