The 5th Circuit Court of Appeals sided with President Obama on a ruling in a lawsuit brought by the state of Mississippi over his 2012 Deferred Action for Childhood Arrivals (DACA) executive edict.
Instead of ruling on the merits of the case, the federal judges agreed with the Obama Administration on the technical point that the plantiffs had no standing to sue.
“Neither Mississippi nor the Agents have alleged a sufficiently concrete and particularized injury that would give Plaintiffs standing to challenge DACA,” Politico quoted the opinion written by Judge W. Eugene Davis and joined by Judges Carolyn King and Priscilla Owen.
“The district court held that Mississippi’s alleged fiscal injury was purely speculative because there was no concrete evidence that Mississippi’s costs had increased or will increase as a result of DACA. Based on the record before the district court, we agree,” Politico quoted Davis. “Mississippi submitted no evidence that any DACA eligible immigrants resided in the state. Nor did Mississippi produce evidence of costs it would incur if some DACA-approved immigrants came to the state.”
Observers believe this decision foreshadows the current case before the 5th Circuit stopping Obama’s latest amnesty scheme. Judge Andrew Hanen blocked Obama’s order and denied a plea from Obama’s lawyers to lift it. Obama’s lawyers have appealed this decision to the 5th Circuit as well and they will argue to overturn Judge Hanen order on similar technical grounds.
