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Administrative Law Keyed to Breyer
Texas v. United States
Citation:
809 F.3d 134 (2015)Facts
In June 2012, DHS implemented the Deferred Action for Childhood Arrivals (DACA) program, providing deferred action to certain young people who came to the United States 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 met certain criteria. DAPA recipients would receive “lawful presence” status, making them eligible for certain benefits including work authorization, Social Security, Medicare, and driver’s licenses. Texas argued it would incur significant costs in issuing driver’s licenses to DAPA beneficiaries. The states challenged DAPA on procedural grounds (failure to use notice-and-comment rulemaking) and substantive grounds (exceeding statutory authority).
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