The federal government argued that Texas lacked standing to sue over President Joe Biden’s policy on illegal immigrants who came to the U.S. as minors.
The U.S. Court of Appeals for the Fifth Circuit heard oral argument on Oct. 10 over the federal government’s attempt to restore President Joe Biden’s protections for so-called “dreamer” immigrants after a Texas judge blocked them from taking effect.
The federal policy is intended to prevent the deportation of illegal immigrants who came to the United States as minors. Nearly 600,000 of them have enrolled in the Deferred Action for Childhood Arrivals (DACA) program, and more than 100,000 live in Texas.
Many of the arguments surrounded whether Texas had standing to challenge Biden’s policy, which he enacted in 2021 as a continuation of a similar one under former President Barack Obama.
Standing is the legal requirement that requires experience of some injury or harm as the basis for bringing the lawsuit.
According to Texas, the administration had violated the Immigration and Nationality Act, the Administrative Procedures Act, and a portion of the Constitution requiring that the president execute the nation’s laws.
Bryan Boynto, U.S. Department of Justice’s principal deputy assistant attorney general, had argued that recent Supreme Court decisions clarified that standing was narrower than a district court had construed. Judge Jerry Smith expressed skepticism about Boynto’s argument.
“I just don’t see how you’re getting very far with that argument,” Smith told Boynto. “Obviously, you can spend time on it if you want to.”
In its brief to the court, Texas said it spends hundreds of millions of dollars on emergency and Medicaid services for illegal immigrants.
The administration’s policy fueled this problem, it argued, “by encouraging over 100,000 aliens who would otherwise be legally required to leave to remain in Texas.”
Boynton said during oral argument that the harm Texas faced wasn’t direct enough and that instead, it faced the kind of indirect harm that the Supreme Court had dismissed as insufficient.
Judge Stephen Higginson seemed to agree with Boynton, saying the injuries alleged by Texas were identical to the ones at issue in the Supreme Court case.
