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Source and Scope of Public Health Legal Powers

Texas v. U.S.

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Overview

Texas v. U.S. (U.S. Court of Appeals, 5th Cir., Oct. 5, 2022): Multiple states, led by Texas, sued the Department of Homeland Security (DHS), arguing that the Deferred Action for Childhood Arrivals (DACA) program, which protects from deportation undocumented immigrants brought to the U.S. as children, violates the Administrative Procedures Act (APA). The Fifth Circuit held that DACA was not a statement of general policy, as argued by DHS, but grants significant rights and obligations, subjecting it to APA requirements. The court then found DACA violates both substantive and procedural APA requirements because DHS did not follow a proper notice and comment period for the rule and because the rule is directly opposed to Congress’ comprehensive statutory scheme of immigration laws. The Court sent the case back to the district court to determine whether new APA-compliant regulations change its findings. Read the full decision here.

View all cases in the Judicial Trends in Public Health – November 15, 2022.

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