A federal judge has suspended President Biden’s deportation moratorium for 14 days, handing a temporary restraining order to Texas Attorney General Ken Paxton after he sued the administration over an executive order that placed a 100-day hold on all immigrant deportations. Lynn Pinker Hurst & Schwegmann appellate partner and constitutional law attorney David Coale explains that the administration failed to follow the Administrative Procedure Act or APA.
“The APA defines how administrative agencies are supposed to engage in ‘rulemaking.’ They must give notice, receive comment, consider the comment, and otherwise jump through the required hoops. This keeps powerful agencies from abusing their power by taking what the APA calls ‘arbitrary and capricious’ actions. That was why President Trump’s DACA policy was reversed by the U.S. Supreme Court. It wasn’t the substance; it was the Department of Homeland Security’s failure to follow the steps in the APA.”
For more information or to speak to David Coale, please contact Sophia Reza at 800-559-4534 or firstname.lastname@example.org