United States v. Texas

Docket No. 15-674


  1. Does a State that voluntarily provides a subsidy to all aliens with deferred action have Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., to challenge the Guidance because it will lead to more aliens having deferred action?

  2. Is the Guidance arbitrary and capricious or otherwise not in accordance with law?

  3. Is the Guidance invalid because it did not go through the APA’s notice-and-comment rule-making procedures?

  4. Does the Guidance violate the Take Care Clause of the Constitution, Art. II, § 3?

Merit Briefs:

Amicus Briefs:

In Support of Petitioners:

In Support of Respondents: