DACA Case Update: Appeals Court's Focus On Standing

Legal standing to sue is central to various state challenges to immigration policies. A party can only bring a lawsuit if they can demonstrate sufficient connection and harm from the challenged policy. The U.S. Supreme Court may soon address whether indirect economic harm is sufficient to confer standing, particularly in the context of the DACA (Deferred Action for Childhood Arrivals) program. The program grants temporary protection from deportation and a two-year work permit for some undocumented immigrants who came to the United States under the age of 16.

In 2018, Texas and seven other states challenged the validity and constitutionality of DACA, using economic issues to establish standing. Texas won at the district court level, and the case has been moving through various stages and appeals. Meanwhile, DHS has been permitted to extend DACA for individuals who already have it, but it cannot grant any new initial applications based on the court's ruling.