It's just the latest move in a long and complicated immigration fight.
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The lawsuit seeks to stop any new DACA permits while the case is in court. It's filed in Brownsville under the leadership of Texas Attorney General Ken Paxton.
Senator Ted Cruz was in Houston Wednesday, campaigning in the city's Fifth Ward. He agrees with the filing and is opposed to what he believes is amnesty for undocumented immigrants, no matter how they came here.
"The rule of law matters and when President Obama instituted executive amnesty, he did so contrary to law," said Cruz.
President Barack Obama did issue the order that created DACA and gave temporary status to children brought here illegally by their adult parents.
Texas has more than 113,000 DACA recipients, second only to California. Among them is activist Cesar Espinoza, who runs a small business and FIEL, a non-profit immigrant service.
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"Our lives are in entire limbo right now," said Espinoza. "We don't know what's going to happen tomorrow. We don't know if the court is going to decide. We don't know if there is going to be an emergency stay on the DACA program."
The lawsuit contends DACA does financial harm to states through healthcare, education, and law enforcement costs. Cruz is on board and believes the program should end.
Espinoza says the cost to cities and states would be far greater should DACA recipients be forced to leave.
"Houston, in particular," contended Espinoza, "would stand to lose a lot of capital, a lot of human capital if the DACA program were rescinded fully."