7th - Cuccinelli admitted that the order is designed to force schools to open. “ICE’s decision also reflects the Administration’s continued efforts to limit and reduce the presence of F-1 international students in the US.” 29/x
Now for a deep dive into the claims. COUNT I – APA violation -The 7/6 Directive is Arbitrary and Capricious because it fails to consider important aspects of the problem before the agency. It fails to consider the effects on universities and students. 30/x
It’s also arbitrary and capricious because it fails to address the serious reliance interests. “As the Sup Ct recently explained, “when an agency changes course, it must be cognizant of serious reliance interests.” The 7/6 Directive clearly didn’t. 31/x
COUNT II – APA Violation – Arbitrary and Capricious because it fails to offer any reasoned basis that justify the policy. An agency must “cogently explain why it has exercised its discretion.” DHS offers virtually no explanation. 32/x
COUNT III – APA Violation – There must be notice and comment rulemaking. This is a rule within the meaning of the APA. Absent “good cause,” ICE is required to provide notice and accept comments and has offered no explanation for failing to do so. 33/x
Finally, the Prayer for Relief. Harvard/MIT want a TRO and preliminary injunction, a declaration that the 7/6 policy is unlawful, payment of atty fees and any other relief the court deems appropriate. 34/x
A great complaint. Well done Wilmer Cutler Pickering Hale and Dorr’s DC and Boston offices. Incredible that you delivered this thing of beauty in just two days. 35/x
The key question is whether a judge will consider this and make an immediate ruling given the ticking clock here. I'm keeping my fingers crossed. END OF THREAD 36/x
