The Fifth District Court of Appeals upheld the dismissal of a lawsuit against an Obama administration DACA program – delaying deportations of illegal aliens who came to the U.S. as children. This is a different case than the challenge as to whether President Obama’s expanded immigration executive actions can proceed.
In today’s decision the court ruled plaintiffs’, the state of Mississippi and agents from Immigration and Customs Enforcement (ICE), did not provide enough evidence to prove they were harmed by the 2012 Deferred Action for Childhood Arrivals (DACA) program that allows qualifying illegal immigrants to apply for work permits.
[…] “We conclude that neither the agents nor the state of Mississippi has demonstrated the concrete and particularized injury required to give them standing to maintain this suit”…
In essence, the court took issue with Mississippi not proving/quantifying the actual and specific burden to the state from non-deportation.
In the second issue, the ICE agents’ argument that they would receive retribution if they detained an illegal immigrant eligible for DACA, the court sided with ICE and DHS referencing handbooks and rules which forbid the administration from retribution.