(The College Fix) The federal government probably violated the Administrative Procedure Act when it imposed regulatory guidance on colleges governing campus sexual misconduct through a series of letters and consent decrees over the past six years.
Now that its undocumented students could be deported, the University of California System has suddenly discovered the Administrative Procedure Act and due process for a preferred set of students, while continuing to deny basic fairness to students accused of sexual misconduct.
In a 19-page lawsuit Friday against the federal agency she led in the Obama administration, UC President Janet Napolitano said the Department of Homeland Security violated the APA and due process by pledging to rescind the Deferred Action for Childhood Arrivals program in six months.
As DHS secretary, Napolitano implemented DACA to protect undocumented students from deportation during renewable two-year periods, on the explicit legal basis of “exercising prosecutorial discretion.”
The program was never subject to a formal rulemaking, a failure that led a federal judge to block its planned expansion, as CNN noted Wednesday:
Now, supporters of DACA are poised to argue formal rulemaking is necessary to unwind the program.
BREAKING: UC President Janet Napolitano filed a lawsuit against President Donald Trump’s repeal of DACA on Friday. https://t.co/fiFnKQHy8H
— Daily Nexus (@dailynexus) September 8, 2017
The lawsuit argues the planned rescission of an order that never went through notice-and-comment is “capricious” and harms the university because it could potentially lose 4,000 “vital members of its community, students and employees.”
Relying more on emotional appeals than sober legal analysis, the lawsuit says undocumented students “have structured their lives” and UC “has made significant investments” based on a government program that was on shaky legal ground from the start….