"The Court is therefore satisfied that the 100-day pause on removals satisfies the second condition and that it is, in fact, a final agency action under section 704." 
https://twitter.com/2Aupdates/status/1364492357425639427
"Here, the Government has changed 'shall remove' to 'may remove' when it unambiguously means must remove. Accordingly, the 100-day pause is not an action committed to agency discretion."
"But the law does require DHS to explain why a 100-day pause is needed by showing how the policy is logically and reasonably connected to DHS’s asserted reasons. This, DHS did not do."
"This failure is fatal, as this defect essentially makes DHS’s determination to institute a 100-day pause on deportations an arbitrary and capricious choice."
"In sum, the Court finds that the 100-day pause is a rule that is not exempt from the notice and comment requirements of section 553."
"The preliminary injunction enjoins DHS not from refocusing its priorities, but from pausing removals in violation of a time frame mandated by a federal statute. DHS’s 'resource intensive' duties and responsibilities do not grant license to suspend the law."
"The Court begins by noting its deep skepticism of nationwide injunctions in general."
"The Court therefore issues this preliminary injunction on a nationwide basis."
Conclusion:
• • •
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