For Immediate Release 
April 7, 2015
Contact: Salvador G. Sarmiento,, 202-746-2099

5th Circuit Holds Mississippi Lacks Standing to Challenge Obama Administration’s DACA Program

Court Finds Injury to the State is “Purely Speculative” in Ruling That Has Implications for Upcoming Decision in Texas v. United States

Los Angeles, CA–In reaction to today’s 5th Circuit decision unanimously affirming the dismissal of a lawsuit brought by ICE agents and the State of Mississippi against President Obama’s 2012 Deferred Action for Childhood Arrivals (DACA) program, Jessica Karp Bansal, Litigation Director for the National Day Laborer Organizing Network (NDLON), made the following remarks:

“Today, the Fifth Circuit rightly held that Mississippi failed to demonstrate that the DACA program harmed it in any way. As a result, the State could not establish standing to challenge the program in court and its lawsuit was dismissed.

“At NDLON, we have long known that the injuries suffered by ICE agents and nativist politicians in Mississippi and Texas are fictional. What is not fictional is the suffering of the thousands of mothers and children languishing in immigration detention centers, the 2-million-plus people who have been deported from their homes since President Obama took office, and the 11 million individuals who continue to live in fear of deportation every day. But we are hopeful today’s decision is a sign that relief is not far off.

“The Court’s decision has important implications for the pending appeal of February’s district court ruling enjoining President Obama’s expanded deferred action programs, which grant relief to millions of immigrant families. Many legal observers believe the Appeals Court is likely to hold that, just like Mississippi, Texas and other state plaintiffs lack standing to challenge deferred action because they cannot show that granting relief from deportation to hard-working students and families will injure them in any way. Such a holding would result in a reversal of the district court’s injunction and clear the way for immediate implementation of the President’s deferred action programs, bringing relief to millions.”


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