Make The Road New York v. Wolf, No. 19-5298 (D.C. Cir. 2020)Annotate this Case
Associations filed suit contending that the Secretary's decision to expand the reach of the expedited removal process to its statutory limit, sweeping in all individuals without documentation who have resided in the United States for less than two years, violated the Administrative Procedure Act (APA), the Due Process Clause of the Fifth Amendment, and the Suspension Clause. The district court granted a preliminary injunction against the expansion based only on the APA claims, but did not address the INA and constitutional claims.
The DC Circuit held that the district court properly exercised jurisdiction under 8 U.S.C. 1252(e) over the Associations' case. However, because Congress committed the judgment whether to expand expedited removal to the Secretary's "sole and unreviewable discretion," 8 U.S.C. 1225(b)(1)(A)(iii)(I), the Secretary's decision is not subject to review under the APA's standards for agency decisionmaking. Furthermore, the Secretary's decision is not subject to the APA's notice-and-comment rulemaking requirements. Accordingly, the court reversed the district court's grant of a preliminary injunction and remanded for further proceedings.