States' Suit to Save DACA May Prove to be Tough Battle

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News Article

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[quote] However, DACA was created by executive action under President Barack Obama’s administration. The policy did not go through rulemaking when it was created, which could pose an issue for the states’ claim, according to Amanda Frost, a law professor at American University's Washington College of Law.

“[With] the Administrative Procedure Act violations, I think the problem there is: there wasn't notice and comment given before the announcement of DACA,” Frost said. “So, it seems hard to argue that the rescinding of DACA requires something that the announcement did not.”

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Law 360

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