Identical DHS and DOS media notes are here and here . Media coverage here , here , here , here , here and here . The intent is to curtail irregular migration through the Darién Gap . [I have...
Cyrus D. Mehta and Kaitlyn Box, July 1, 2024 "The conservative majority Supreme Court recently issued two decisions that will have a major impact on the administrative state by transferring power...
CISOMB, June 2024 "I am pleased to present the Office of the Citizenship and Immigration Services Ombudsman’s (CIS Ombudsman) 2024 Annual Report to Congress. This Report, submitted annually...
Gaby Del Valle, The Verge, June 28, 2024 "Chevron deference has given the Department of Homeland Security and its component agencies broad latitude. For example, under Chevron , decisions made by...
Prof. Nancy Morawetz said this on today's ImmigrationProf Blog : "In the aftermath of the Supreme Court’ decision in Loper Bright , you might think that everyone would agree that courts...
NY v. Dept. of Commerce
"[T]he Court concludes on the merits that Secretary Ross violated the APA inmultiple independent ways. Most blatantly, Secretary Ross ignored, and violated, a statute thatrequires him, in circumstances like those here, to collect data through the acquisition and use of“administrative records” instead of through “direct inquiries” on a survey such as the census.Additionally, Secretary Ross’s decision to add a citizenship question was “arbitrary andcapricious” on its own terms: He failed to consider several important aspects of the problem;alternately ignored, cherry-picked, or badly misconstrued the evidence in the record before him;acted irrationally both in light of that evidence and his own stated decisional criteria; and failedto justify significant departures from past policies and practices — a veritable smorgasbord ofclassic, clear-cut APA violations. On top of that, Secretary Ross acted without observingprocedures required by law, including a statute requiring that he notify Congress of the subjectsplanned for any census at least three years in advance. And finally, the evidence establishes thatSecretary Ross’s stated rationale, to promote VRA enforcement, was pretextual — in otherwords, that he announced his decision in a manner that concealed its true basis rather thanexplaining it, as the APA required him to do."