Filed December 24, 2014
See Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 (D.C. Cir. 1985) (finding that under the APA, 5 U.S.C. ยง 702, courts should decline to review matters on equitable grounds that intrude into core executive powers); see also Al- Aulaqi v. Obama, 727 F. Supp. 2d 1, 42 (D.D.C. 2010) (rejecting interjection into โsensitiveโ foreign affairs matters). Regardless, the 2014 Deferred Action Guidance was issued in accordance with Congressโs broad and explicit vesting of authority in the Secretary, charging him with โthe administration and enforcement of [the INA and all other laws] relating to the immigration and naturalization of aliens,โ see 8 U.S.C. ยง 1103, and the obligation to โ[e]stablish[] national immigration enforcement policies and priorities.โ 6 U.S.C. ยง 202(5).
Filed January 28, 2009
However, the INS was abolished by virtue of 6 U.S.C. ยง291, and its functions have been transferred to the new Department of Homeland Security. (8 U.S.C. ยง1103(a)(1).) In addition, the duty of the Attorney General to administer and enforce all immigration laws, with certain exceptions, have been transferred to the DHS Secretary.
Filed December 15, 2014
Here, the INA authorizes the Secretary to establish regulations, issue instructions, and โperform such other acts as he deems necessary for carrying out his authority under the statute.โ 8 U.S.C. ยง 1103(a)(3) (emphasis added); see also 8 U.S.C. ยง 1324a(h)(3) (defining the term โunauthorized alienโ as meaning that the alien is not at that time โauthorized to be so employed by this chapter or by the Attorney General.โ).
Filed April 1, 2009
Penal Code ยง4000.)4 In addition, the Sheriff is required by the principles of comity to comply with such ICE detainers pursuant to the mandates of 8 U.S.C. ยง1103(a). With respect to federal law, it appears that Plaintiffs misconstrue the extent of the authority Congress provided to local officials to participate in the enforcement of immigration laws and effectuation of federal immigration policy, as such authority is fairly extensive.
Filed April 1, 2009
7 is in no way ultra vires to the INA. Put simply, the Secretaryโs interpretation of the INA generally, and her powers under 8 U.S.C. ยง 1103 are entitled to deference under Chevron U.S.A. v. NRDC, 467 U.S. 837 (1984). Congress has mandated that the Secretary promptly cooperate with state and local law enforcement agencies in controlled substance cases.
Filed January 7, 2015
See Part I.A.2.b, supra. The canon of constitutional avoidance therefore requires reading both Section 1103(a)(3) and Section 1324a(h)(3) narrowly and to disallow DHSโs limitless discretion. C. Plaintiffs Have Standing For all of its complexities, the point of the standing doctrine is simple: to ensure that at least one plaintiff before this Court has โ[t]he requisite personal interestโ to create a โCaseโ or โControversyโ under Article III. Friends of the Earth, Inc. v. Laidlaw Environmental Servs. (TOC), Inc., 528 U.S. 167, 189 (2000).
Filed October 3, 2014
Instead, Congress delegated the authority to enforce the immigration laws of the United States to the Secretary of Homeland Security and the Attorney General. See 8 U.S.C. ยงยง 1103(a)(1), 1103(g)(1). This delegation acts to displace federal common law and the Courtโs authority to entertain private causes of action in connection with the region occupied by the administrative agency.
Filed August 1, 2011
Although the term โcooperate with [the Secretary]โ is not expressly defined in section 1357, the meaning of the term follows from federal primacy in the 10 Any effort to read Section 1357(g)(10) as authorizing unlimited state-directed enforcement would violate clear congressional intent. First, the INAโs limited authorization of state involvement at the initial (arrest) stage of immigration enforcement in delineated circumstances (e.g., 8 U.S.C. ยงยง 1103(a)(10), 1252c, 1324(c)) would be nullified were Section 1357(g)(10) construed as authorizing unlimited state-directed enforcement. Any such construction would further undermine Congressโs intent by eliminating the close supervision contemplated by portions of Section 1357(g) which related to written agreements.
Filed January 20, 2010
Chrysler Corp. v. Brown, 441 U.S. 281, 308 (1979). Congress has directed the Secretary of the Department of Homeland Security to โestablish such regulations . . . and perform such other acts as he deems necessary for carrying out his authority under the provisions of this chapter.โ 8 U.S.C. ยง 1103(a)(3). Thus, the scope of 8 C.F.R. ยง 287.12 reflects the Secretaryโs broad authority to do just that.
Filed November 3, 2009
Recognizing the Secretaryโs vast responsibilities, Congress conferred upon the Secretary the discretion to โestablish such regulations . . . and perform such other acts as [s]he deems necessary for carrying out [her] authority under the provisions of this chapter.โ See 8 U.S.C. ยง 1103(a)(3). The Secretary has determined that 8 C.F.R ยง 287.