Although most immigration law scholars think that President Obama's deferred action programs fall within the Executive's statutory and constitutional authority, a difference of opinion has emerged over the use of the term "lawfully present" to refer to beneficiaries of the DAPA program. In a blog post, Michael Kagan, Associate Professor at the University of Nevada's Boyd School of Law, warned that the Supreme Court could fixate on that term, which appears in the administration's original memorandum on the subject, as a sign of executive overreach, and rule in favor of the State of Texas and other litigants who have argued that the President has arrogated to himself a power that belongs to Congress. Wrote Kagan, "it seems as if the Executive Branch is trying to make lawful something that Congress has made unlawful."