Quoted in The Times of India on Secretary Rubio’s March 14, 2025 Memo Declaring Immigration a ‘Foreign Affairs’ Exception under APA

I was quoted in The Times of India regarding Secretary of State Marco Rubio’s controversial March 14, 2025 memo, in which he broadly declares that immigration and cross-border commerce regulations are exempt from the Administrative Procedure Act (APA) because they involve “foreign affairs” matters. This exemption effectively removes the public’s longstanding right to notice and comment on proposed regulations, a critical procedural safeguard ensuring transparency, fairness, and accountability. Under the APA, advocacy groups have previously succeeded in challenging actions by both Republican and Democratic administrations when procedural rules were ignored (including several immigration rules during Trump 1.0). Rubio’s memo now significantly restricts these judicial avenues, granting the executive branch substantial power to implement regulations affecting millions without public input and with greatly reduced judicial oversight.

This memo aligns with other moves and Executive Orders issued by this administration that collectively suggest an effort by by Trump 2.0 to expand presidential authority under the “unitary executive theory,” a controversial doctrine asserting that the President has broad, nearly unchecked control over the entire executive branch, an approach which would greatly impact congressional oversight, public accountability, and traditional democratic processes.

Article: http://timesofindia.indiatimes.com/articleshow/119491450.cms