The decision turned on injury in fact. “To prove an injury in fact, Texas must show “an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.” Lujan, 504 U.S. at 560, 112 S.Ct. at 2136 (cleaned up). In the context of state challenges to federal immigration policies, states have historically proven injury-in-fact by demonstrating the additional costs paid across state-funded industries because of additional aliens. The most common showings include costs absorbed by the state in issuing driver’s licenses, administering healthcare, and providing education. “
“ In sum, when deciding whether a state has been injured for Article III standing purposes, the Fifth Circuit reviews whether the numbers of aliens, and the associatedamount expended because of them, increased relative to those same numbers prior to the implementation of the challenged program.”
Here, “The Parties do agree, however, that the record establishes that the number of CHNV nationals entering the United States since the Program’s implementation has dramatically decreased by as much as 44 percent. Plaintiffs, therefore, are unable to demonstrate that they have been injured by the Program, and as a result, they lack standing to bring these claims.”
Hence, Texas has no standing.
The Parties do agree, however, that the record establishes that the number of CHNV nationals entering the United States since the Program’s implementation has dramatically decreased by as much as 44 percent.Lies, damned lies, and statistics. It takes at least 4 times longer to get a doctor's or driver's license appointment since the Biden gang took over.