Quote:
Originally Posted by Swim19
No, is says in the article could be argued that since DACA didn't originally go through APA that WH wouldn't have to rescind it.
I sent the author an e-mail about it.
|
I see what you mean:
There is, to be sure, a wrinkle in this argument. The wrinkle is that then-Homeland Security Secretary Janet Napolitano did not go through notice and comment when she announced the DACA policy by memorandum back in 2012.
I was of the believe that they did go though "notice and comment" too for DACA.
Anyway, for anyone else who couldn't be bothered to read (i.e. 4/5 of this forum):
Articles correctly states that the DHS (under Trump), while rescinding DACA, did NOT comply with federal statute - namely APA procedures of "notice and comment".
The APA procedures apply to all federal agency 'ruling' - including when an agency decides to repeal existing policy which can be deemed a “substantive rule" - i.e. DACA.
In other words, due to their ineptitude and incompetence, they have now, potentially, opened themselves up to being challenged in the courts. Just as Obama's administration was with DAPA.
They are in violation of the Administrative Procedure Act, and it would give a federal court a basis for blocking the department from carrying through on its new 'substantive rule.'
Overall its an interesting Legal development.
But as the articles correctly states, at best, this could only be a temporary reprieve.
__________________
Originally Posted by desice
As complicated and short life is, it's a shame the things we all have to deal with as human beings. Life is hard enough as it is.