Administrative Procedure Act

The SEC's proposal to allow public companies to report financial results twice a year instead of quarterly caused confusion due to a typo in the email address listed for public comments. The agency listed '[email protected]' in the proposal but has historically used '[email protected]' (with an 's') for other rules. Better Markets, an investor advocacy group, argued the error may have prevented some from submitting feedback, while the SEC claims both addresses are valid.

A federal judge ordered U.S. Citizenship and Immigration Services (USCIS) to resume processing I-765 employment authorization applications for noncitizens from 39 countries after a lawsuit argued the freeze violated immigration laws. The judge rejected USCIS's claim that policy memos freezing applications were shielded from judicial review, stating they constituted final agency actions under the Administrative Procedure Act.

A federal judge halted the Bureau of Land Management's 2025 plan to remove wild horses from three herd management areas in Northern California and Nevada, citing insufficient analysis of overpopulation claims under the Administrative Procedure Act and the Wild Free-Roaming Horses and Burros Act. The judge ruled the BLM's actions were arbitrary and capricious due to flawed assumptions about sustainable horse populations.

A 24-state coalition, led by Washington, New York, and Rhode Island, sued the Trump administration over HUD's changes to homeless funding conditions, challenging the shift away from the Housing First model. The lawsuit alleges these changes will increase homelessness and violate the Administrative Procedure Act by altering the Continuum of Care program's funding priorities.

The U.S. Department of Homeland Security has paused converting a Surprise, Arizona warehouse into an ICE detention facility until an environmental review is completed. Arizona Attorney General Kris Mayes secured a stipulation requiring compliance with environmental laws, citing risks from a nearby chemical plant and schools.

LA’s lead homelessness agency, LAHSA, sued the U.S. Department of Housing and Urban Development (HUD) over a federal funding suspension it claims is unjustified. HUD suspended LAHSA pending an investigation into alleged mismanagement, threatening $241 million in federal funding for homelessness programs in Los Angeles County.

A federal judge blocked the Trump administration from suspending funding for the Hudson Tunnel project, ruling the freeze violated the Administrative Procedure Act. The judge cited President Trump's statements suggesting the funding suspension was political retribution against New York City politicians, deeming the decision arbitrary and capricious.

A federal judge in Washington, D.C., temporarily blocked the Education Department from enforcing new loan borrowing limits for graduate and professional students, ruling the restrictions violated the Administrative Procedure Act. The limits were set to take effect in one week but were halted pending further review.

A federal judge blocked President Donald Trump's executive order aimed at creating a federal voter list and restricting mail-in ballots, ruling it unconstitutional for violating separation of powers. The decision affects the 2026 midterm elections and follows another recent ruling against a Trump executive order related to voter registration requirements.

A judge barred the federal government from making immigration arrests at courthouses nationwide, citing inadequate justification for the policy shift under the Administrative Procedure Act. The ruling, issued by U.S. District Judge Casey Pitts, reverses a Trump-era practice and follows a similar order in New York.

A judge barred the federal government from making immigration arrests at courthouses, citing a lack of justification for the Trump administration's policy reversal. The ruling, nationwide in scope, criticized the policy's 'chilling effect' on court attendance and cited the Administrative Procedure Act. The Homeland Security Department's general counsel condemned the decision as judicial overreach.

A federal judge blocked U.S. Immigration and Customs Enforcement (ICE) from arresting noncitizens at immigration courthouses, citing failure to follow proper rulemaking procedures. The ruling voids a 2025 policy that expanded ICE arrests at courthouses based on 'credible information' of a noncitizen's presence, which plaintiffs argue disrupted court attendance and violated administrative law standards.

U.S. District Judge P. Casey Pitts in the Northern District of California ruled that Trump administration policies allowing immigrant arrests at courts were arbitrary and violated the Administrative Procedure Act. The judge's 71-page opinion blocked these policies.

A federal court ruled the Trump administration’s national voter database (SAVE) illegal, citing violations of the Privacy Act, Social Security Act, and Administrative Procedure Act. The court ordered the database dismantled, stating it improperly combined personal data from government databases and wrongfully canceled voter registrations, infringing on privacy rights and the right to vote.

The Third Circuit Court allowed the Trump administration to proceed with altering an exhibit at the President’s House site in Philadelphia that detailed enslaved people held by George Washington and John Adams. The court ruled that the National Park Service had not yet finalized its replacement panels, which acknowledge slavery but are less critical of the presidents compared to the original exhibit.

Michigan Attorney General Dana Nessel joined 20 other state attorneys general in filing a lawsuit against the Trump administration's executive order prohibiting federal contractors from engaging in 'racially discriminatory DEI activities.' The lawsuit argues the order is unclear, violates the Administrative Procedure Act by lacking public notice, and risks disrupting state services by imposing ambiguous contract terms.

Attorney General Kwame Raoul and 19 other attorneys general sued the Trump administration over its executive order banning 'racially discriminatory DEI activities' in federal contracts. The lawsuit claims the order violates federal processes and seeks to undermine antidiscrimination policies.

The FDA faces legal scrutiny at the Fifth Circuit over its requirement for flavored vape manufacturers to prove their products are more effective than tobacco-flavored vapes in helping smokers quit. Vape companies argue the FDA violated the Administrative Procedure Act by implementing the 'comparative efficacy standard' without proper notice and comment. Judge Edith Jones questioned the FDA's process, suggesting the standard was developed outside adjudication and should have undergone regulatory review.

A federal judge struck down the Trump administration's $100,000 fee on new H-1B visas, ruling it exceeded executive authority and violated the Administrative Procedure Act. The policy, intended to prevent foreign workers from displacing Americans, was challenged by 20 states and groups, who argued it hindered hiring for educators, healthcare workers, and researchers.

A federal judge in Boston struck down the Trump administration’s $100,000 H-1B visa fee, ruling it exceeded executive authority and violated the Administrative Procedure Act, while another court upheld the fee, creating a legal split. The policy aimed to prevent foreign workers from displacing Americans but faced challenges over its impact on education, healthcare, and research hiring.

An Obama-appointed federal judge ruled that the Trump administration's $100,000 H-1B visa payment requirement is unlawful, citing lack of constitutional authority to impose taxes. The judge found the policy violated the Administrative Procedure Act and was implemented without proper notice, striking it down entirely.

A federal judge in Boston ruled against the Trump administration's $100,000 fee on new H-1B visas, stating the policy exceeded executive authority and violated the Administrative Procedure Act. The judge's decision supports 20 states that argued the fee hindered their ability to hire educators, healthcare workers, and researchers.

A federal judge in Boston ruled that the Trump administration's $100,000 fee on new H-1B visas was an unauthorized tax, exceeding executive authority and violating the Administrative Procedure Act. The policy, aimed at preventing foreign workers from displacing Americans, faced legal challenges from 20 states and groups like the U.S. Chamber of Commerce, with the higher fee now invalidated until its scheduled 2026 expiration.

A federal judge ruled that President Donald Trump's $100,000 H-1B visa fee is unlawful, violating the Administrative Procedure Act by exceeding executive authority. The fee, implemented via an executive order last year, was challenged for requiring congressional approval as a tax.

San Francisco filed a lawsuit against the U.S. Energy Department, claiming new funding conditions tied to anti-DEI policies violate constitutional and statutory protections. The city argues the conditions, stemming from a Trump-era executive order, unilaterally redefine antidiscrimination compliance and threaten federal energy funds for programs like the Clean Cities initiative.

Secretary of Defense Pete Hegseth removed up to nine Navy officers and nine Air Force officers from promotion lists to rear admiral, raising legal questions about his authority under federal statutes and the Administrative Procedure Act. The officers had been selected by a lawfully constituted board, and the actions are criticized for undermining the promotion process and diversity initiatives.