WASHINGTON (AP) — The Obama administration is urging dismissal of a lawsuit that would dismantle the president’s immigration program, an initiative designed to spare nearly 5 million people in the U.S. illegally from deportation.

The case was brought by an Arizona sheriff, Joe Arpaio who contends that President Barack Obama’s program serves as a magnet for more illegal entries into the U.S. Arpaio says the new arrivals will commit crimes and thus burden his law enforcement resources.

In a court filing late Monday, the Justice Department told U.S. District Judge Beryl Howell that the sheriff’s theory is speculative and unsubstantiated and that Arpaio has failed to show he will suffer any injury at all from the federal government’s program.