The Republican-led states suing President Barack Obama over his executive order not to deport certain illegal immigrants lack standing because they “themselves are not subject” to the order, the Justice Department said Wednesday.

Twenty red states, four Republican governors and Michigan’s attorney general Bill Schuette, sued the Obama administration’s immigration officials in early December.

With Texas leading the charge, the states are challenging Obama’s decision to not deport, for the remainder of his term, “certain low-priority aliens: those present in the United States since before 2010 and who either entered as children or are the parents of U.S. citizens or lawful permanent residents,” according to a Justice Department filing in the case.

Texas claims Obama’s order gives a free pass to around 4 million illegal immigrants.

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