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Administrative Law Keyed to Mawshaw
Texas v. United States
Citation:
809 F.3d 134 (2015)Facts
In June 2012, DHS implemented the Deferred Action for Childhood Arrivals (DACA) program, which granted deferred action to certain young people brought to the U.S. as children. In November 2014, DHS expanded DACA and created DAPA, which would grant deferred action to parents of U.S. citizens and lawful permanent residents who had resided in the U.S. since before January 1, 2010, and met other criteria. DAPA would affect approximately 4.3 million illegal aliens, making them eligible for lawful presence, work authorization, and various federal and state benefits. Texas, joined by twenty-five other states, sued, claiming that DAPA violated the APA’s procedural requirements and exceeded DHS’s statutory authority. Texas argued it would suffer injury by having to issue driver’s licenses to DAPA beneficiaries at a financial loss.
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