- The Washington Times - Tuesday, April 7, 2015

A federal appeals court Tuesday tossed a lawsuit trying to halt President Obama’s 2012 deportation amnesty for illegal immigrant Dreamers, ruling that neither immigration agents nor Mississippi, who had sued to stop the amnesty, could show an actual injury.

The ruling comes from the same appeals court that is preparing to hear an even bigger challenge to Mr. Obama’s new amnesty announced in November 2014, and the decision suggests the 26 states challenging that amnesty will have to meet a high bar if they are to succeed.

“Neither Mississippi nor the agents have alleged a sufficiently concrete and particularized injury,” the three-judge panel said, tossing the lawsuit for lack of standing.

The judges never reached the actual merits of the case to decide if Mr. Obama’s 2012 amnesty is legal.

Still, immigrant rights advocates said the ruling bodes well for Mr. Obama’s new amnesty, which is much broader than the 2012 program and could grant tentative legal status and work permits to as many as 4 million illegal immigrants.

Texas and 25 other states have sued to try to stop the new amnesty, arguing that they will incur costs for driver’s licenses and other government services if they have to accommodate hundreds of thousands of new illegal immigrants.


SEE ALSO: Immigration agency says original amnesty still approving Dreamers’ applications


District Judge Andrew S. Hanen agreed with the states, finding they had standing to sue and ruling they were correct in arguing that Mr. Obama broke the law in bypassing Congress and issuing his policy unilaterally, without following the usual administrative procedures.

The administration appealed that case to the Fifth Circuit Court of Appeals — the same bench that Tuesday ruled against Mississippi.

“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,” said Jessica Karp Bansal, litigation director for the National Day Laborer Organizing Network. “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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