holding that plaintiffs lacked standing where customs enforcement agents “assert[ed] that they have suffered an injury in fact because enforcing [an executive immigration program] would require them to violate their oaths to uphold the laws of the United States” because “the agent’s subjective belief that complying with the Directive will require him to violate his oath is not a cognizable injury”
How later courts described this case
- holding that plaintiffs lacked standing where customs enforcement agents “assert[ed] that they have suffered an injury in fact because enforcing [an executive immigration program] would require them to violate their oaths to uphold the laws of the United States” because “the agent’s subjective belief that complying with the Directive will require him to violate his oath is not a cognizable injury”
- holding Mississippi lacked standing to challenge DACA because the state failed to “submit[] . . . evidence that any DACA eligible immigrants resided in the state” or “produce evidence of costs it would incur if some DACA-approved immigrants came to the state”
- holding that Mississippi did not have standing to challenge the federal government’s deferred-action policy because its injury was “purely speculative” and because it failed to “produce evidence of costs it would incur” because of the policy
- holding that the State of Mississippi had not “demonstrated the concrete and particularized injury required to give [it] standing to maintain [its] suit” against the precursor DHS memorandum
Written by the judges who cited it.
The opinion
PRISCILLA R. OWEN, Circuit Judge,
concurring:
I concur fully in the court’s opinion and judgment. I write separately only to note that in order to establish standing with respect to some claims, it is not always necessary to present concrete evidence that an injury has occurred or will, beyond question, occur, as the Supreme Court implicitly recognized in Watt v. Energy Action Educational Foundation, 1 The State of Mississippi has not, however, made any arguments of this nature;
. 454 U.S. 151, 160-61 , 102 S.Ct. 205 , 70 L.Ed.2d 309 (1981).