The APA cited here is basically the same law that killed the census question at SCOTUS.
When you’re dealing with powers that have been delegated to the Executive by Congress you have to follow Congress’ rules on how you use those powers.
Re: The APA cited here is basically the same law that killed the census question at SCOTUS.
The APA applies only to federal enforcement rules and regulations written by Executive Orders or by Executive agencies.
By using 8 U.S.C. §1182(f), Trump has the power to “proclaim” how asylum seeking aliens must apply. A proclamation would bypass all the APA complexities.
Trump also has the power to proclaim a citizenship question on the Census as a completely reasonable enforcement tool related to illegal immigration.
Instead - time and again - Trump hands the Democrats slam dunk APA legal issues - which can never be resolved before the 2020 election.
Bottom Line - Trump has never been serious about enforcing all of our immigration laws.
Trump’s tough guy talk on immigration is political theater.