• Regulatory Process

    Regulations and Something Else 3: DHS “DREAM” Announcement Raises Many Administrative Law Questions

    The Department of Homeland Security (DHS) this week joined the political campaign headlines by announcing that it will, by policy memorandum, defer enforcement (i.e. removal) for certain aliens who were brought to the United States as children, and “accept applications to determine whether” they qualify for authorization to work in the United States.  Rhetoric and constitutional authority issues aside for the moment, DHS leaves many administrative law issues unanswered.  The announcement is the Administration’s response to Congress’ failure to pass a “DREAM Act” to allow children brought to the United States without visas or inspection to gain some immigration status.  DHS’s announcement could be a blanket or “rule” decision, or merely an enforcement priority…

    Comments Off on Regulations and Something Else 3: DHS “DREAM” Announcement Raises Many Administrative Law Questions