State of Texas v. USA, No. 21-40680 (5th Cir. 2022)
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In 2012 the Secretary of the Department of Homeland Security (DHS) announced the Deferred Action for Childhood Arrivals (DACA) program. Eight states and the Governors of two states, led by Texas, have challenged DACA’s validity. In ruling on competing motions for summary judgment, the district court held that the DACA Memorandum violates procedural and substantive requirements of the Administrative Procedure Act (APA). The district court vacated the DACA Memorandum and remanded to DHS for further consideration but temporarily stayed that vacatur as it applies to current DACA recipients. The district court further ruled that DHS may continue to accept new and renewal DACA applications but enjoined DHS from approving any new DACA applications.
The Fifth Circuit affirmed the district court’s judgment in part but remanded to the district court rather than DHS in light of a final rule promulgated by DHS in August 2022. The court explained that it affirmed the district court’s judgment with regard to the procedural and substantive provisions of the DACA memorandum.
There is evidence that if DACA were no longer in effect, at least some recipients would leave, and their departure would reduce the State’s Medicaid, social services and education costs for those individuals and their families who depart with them. Especially with the benefit of special solicitude, Texas has established that rescinding DACA would redress its harm. Accordingly, Texas has demonstrated standing based on its direct injury. Further, the court held that because DACA did not undergo notice and comment, it violates the procedural requirements of the APA.
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