But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include DACA — which would force the administration to defend the program in litigation or abandon it.

“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”