Crane v. Napolitano
The case involves a challenge by ICE Agent Plaintiffs and the State of Mississippi against directives issued by the Department of Homeland Security (DHS), specifically the Morton Memorandum and the Napolitano Directive, which concern prosecutorial discretion in immigration enforcement and deferred action for certain undocumented immigrants (DACA). Plaintiffs argued that these directives compel them to violate federal statutes and their oaths of office, and impose fiscal costs on the state. The Court addressed the defendants' motion to dismiss based on lack of standing and improper venue. The Court granted the motion to dismiss for the State of Mississippi due to speculative fiscal injury and for the ICE Agent Plaintiffs' challenge to employment authorization due to lack of personal harm. However, the Court denied the motion to dismiss for the ICE Agent Plaintiffs' challenge to the exercise of prosecutorial discretion, finding they had standing due to the threat of adverse employment action for non-compliance. The Court also denied the motion to dismiss based on improper venue.