Crane v. Johnson, No. 14-10049 (5th Cir. 2015)
Annotate this CasePlaintiffs-Appellants are several Immigration and Customs Enforcement agents and deportation officers (collectively, "Agents") and the State of Mississippi. They filed this suit against the Secretary of the Department of Homeland Security and the directors of departments within that agency (collectively, "DHS"), in their official capacities, challenging DHS's 2012 directive, which required its officials to use "deferred action" as to a certain class of aliens in immigration removal proceedings. The Agents alleged that exercising deferred action violated federal law, because the law required them to detain all illegal aliens for the purpose of placing the aliens in removal proceedings. The State of Mississippi alleged that the deferred action has caused additional aliens to remain in the state and, thus, causes the state to spend money on providing social services. The district court dismissed Plaintiffs' claims for lack of subject matter jurisdiction. After review, the Fifth Circuit concluded that neither the Agents nor the State of Mississippi demonstrated the concrete and particularized injury required to give them standing to maintain this suit. Therefore the Fifth Circuit affirmed the district court's judgment.
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