No, they can’t. That’s why I pointed out in the original post above that the EOs that harm have not yet been issued BUT US Citizenship and Immigration Services is acting as if they have been issued and that is UNLAWFUL!
Therefore, a pleading in federal court could BEGIN with the Draft RFP to shut it down and then AMEND the complaint if anything else comes up.
This approach shuts Obama down on his Executive Amnesty gambit. His attorneys would be forced into federal court to defend lawless actions and intentions.
The draft RFP action has already happened. It has already been released to the public for comment. It is illegal because there is no law that is the basis for its funding.
In other words the USCIS guy up in Vermont that is working the proposal is working on an unlawful proposal and he is interacting with the public illegally.
Here’s an analogy:
The City of Seattle puts out a draft proposal to use XYZ Company property for a toxic dump without consulting with XYZ Company and without approval from the the Seattle City Council. Do you think XYZ Company has a legal basis to go to court to shut down the proposal process? You bet they do!