Hypothetical Paper on political issues in USA. In January 2025, one of the first acts of President Dwayne “the Rock” Johnson is to reinstate Deferred Action for Childhood Arrivals, or DACA (reminder: DACA, initially begun under President Obama, allows some undocumented immigrants who were brought to the United States as children a renewable, two-year deferred protection from deportation, as well as eligibility for work permits). While the reinstatement of DACA is more popular than not in California, the reinstatement generates resistance from various state and local officials. Close to home, Orange County Sheriff Bon Darnes sues the Johnson Administration in his official capacity, arguing that the executive order reinstating DACA exceeds the president’s statutory powers and violates existing immigration law. In response to initial claims by the government that Darnes lacks standing to make this lawsuit, Darnes offers the following arguments: the reinstatement of DACA will lead to a rise in undocumented immigrants, both because 1) more immigrants will remain in the United States as deportations decrease and 2) DACA’s reinstatement will attract additional immigrants to migrate illegally to the United States. An increase in undocumented immigrants, Darnes says, will increase crime in Orange County, raising costs for the policing and jails Darnes is responsible for overseeing.
Using the caselaw and test we have studied in class, write an analysis that assesses whether Darnes has standing to sue. Do not deal with Barnes’s claim on the merits (i.e. that the president has exceeded his statutory immigration authority).
Your answer does not need to be written in traditional essay form; it should, however, be written in complete sentences and laid out in a logical, easily readable order. Be methodical: walk through each part of the test. Spend most of your time on the more difficult issues (as dictated by the test and fact pattern), and less time on those issues where the legal resolution appears clear-cut.