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Several states are suing the Trump administration in a bid to stop it from terminating the Deferred Action for Childhood Arrivals (DACA) program.

The program, which was formed through executive order by former President Barack Obama in 2012, shields people who come to the U.S. illegally as minors from deportation.

Fifteen states and the District of Columbia sued the U.S. government on Wednesday to block Trump's plan to end the program in six months.

On "Fox & Friends," Fox News senior judicial analyst Judge Andrew Napolitano said this is just a "political stunt."


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"I don't think it has a chance of surviving, and I don't even think they made the best arguments that are available against the president," Napolitano said. "They basically argue that the manner in which the president decided to change DACA did not comport with the notice you're supposed to give when you're going to change rules or procedures."

He said that basically means they're trying to keep DACA in place on a technicality.

Napolitano added that you cannot sue in federal court unless you've been harmed, and the states have not been harmed in this case.

He said the strongest argument the states could have made is that every president since Ronald Reagan has deferred the deportation of the parents of children who were born in U.S. and of adults who came to the country as minors.

"Because Barack Obama wrote it down on a piece of paper, those who disagreed with it took that piece of paper into court, challenged it, and they won," Napolitano said. "If he had not written it down and just followed what his predecessors did, we wouldn't have this problem now."

"I think the lawsuit is premature and probably will be dismissed," he concluded.

Watch the "Fox & Friends" segment above, and read more from Napolitano on DACA.


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