United States v. Texas

Summary

The Department of Homeland Security has long engaged in "a regular practice * * * known as 'deferred action,"' in which the Secretary "exercis[es] [his] discretion" to forbear, "for humanitarian reasons or simply for [his] own convenience," from removing particular aliens from the United States. Reno v. American-Arab Anti-Discrimination Comm., 525 U.S. 471, 483-484 (1999). On November 20, 2014, the Secretary issued a memorandum (Guidance) directing his subordinates to establish a process for considering deferred action for certain aliens who have lived
in the United States for five years and either came here as children or already have children who are U.S. citizens or permanent residents. The questions presented are:
1. Whether a State that voluntarily provides a subsidy to all aliens with deferred action has
Article III standing and a justiciable cause of action under the Administrative Procedure Act
(APA), 5 U.S.C. 500 et seq., to challenge the Guidance because it will lead to more aliens
having deferred action.
2. Whether the Guidance is arbitrary and capricious or otherwise not in accordance with law.
3. Whether the Guidance was subject to the APA's notice-and-comment procedures.

In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, §3.

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