In a promising move, a three-judge panel of the 5th Circuit Court of Appeals unanimously tossed a lawsuit challenging the Obama administration’s 2012 Deferred Action for Childhood Arrivals (DACA).  The lawsuit was brought by the state of Mississippi and individual ICE agents claiming they have been harmed by the program.  In the decision, Judge Eugene Davis wrote, “Neither Mississippi nor the Agents have alleged a sufficiently concrete and particularized injury that would give Plaintiffs standing to challenge DACA.”

The 5th Circuit Court of Appeals is the same court that is hearing the appeal of the Texas U.S. District Court Judge Andrew Hanen’s injunction blocking the Department of Homeland Security from implementing Expanded DACA and DAPA.  While today’s decision is promising, the facts and evidence presented in support of the Plaintiffs in the Texas lawsuit will likely be more thorough.