Attorney Gabriel Malor posted today “A Lay Person’s Guide To The States’ Immigration Lawsuit Against DHS” at thefederalist.com. The lawsuit alleges that Obama’s new immigration scheme violates both the president’s constitutional duty to faithfully enforce the laws and the executive branch’s legal duties under the Administrative Procedures Act (APA).
The APA requires prior notice of new federal regulations and rules, along with procedures for comments and other detailed requirements. Whether these requirements can be evaded by the use of “executive memos” issued by DHS Secretary Jeh Johnson is one of the legal questions the suit may answer.
Posted 12/8/14 by Margaret Hull