Fifth Circuit Decision Could Be Good News for President’s DAPA Program

Posted on: April 7th, 2015
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Arguments to lift Texas District Court Judge Andrew Hanen’s injunction on implementing the DAPA program are set to be heard by the Fifth Circuit Court of Appeals in just ten days. But a decision on an earlier case issued today on a similar Mississippi case is very bad news for the plaintiffs in Texas v. US. From Reuters:

A U.S. appeals court on Tuesday rejected a challenge to President Barack Obama’s 2012 executive action granting deportation relief to immigrants brought to the United States illegally as children, upholding a lower court’s earlier ruling.

A panel of the New Orleans-based 5th U.S. Circuit Court of Appeals found that the plaintiffs in the case – the state of Mississippi and a group of Immigration and Customs Enforcement officers upset by White House directives – had not shown they had been sufficiently harmed by the rule to keep the case alive.

“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,” the decision stated.

The state governments who are the plaintiffs in Texas v. US are making a very similar argument to defeat the very similar 2015 DACA and DAPA programs – that the programs will drain state resources. While it is possible that the Fifth Circuit will distinguish the Texas case from the Mississippi case, this certainly looks like good news for the President and the five million individuals expected to be eligible for benefits.