Everything you need to know about ranked-choice voting in one spot. Click to learn more!

New York sues federal agencies over new travel restrictions (2020)

From Ballotpedia
Jump to: navigation, search
New Administrative State Banner.png
Administrative State
Administrative State Icon Gold.png
Five Pillars of the Administrative State
•Agency control
• Executive control
• Judicial control
•Legislative control
• Public Control
Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.


February 10, 2020

The state of New York on February 10 filed suit in the U.S. District Court for the Southern District of New York arguing that the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) violated the Administrative Procedure Act (APA) when they blocked New York residents from participating in Trusted Traveler programs (TTPs). The lawsuit claims in part that the agencies did not follow the rulemaking procedures required by the APA when they excluded New York residents from the programs.[1]

DHS informed New York officials on February 5 that residents of New York were no longer eligible to participate in TTPs, which allow travelers to use faster screening lanes at airports and at international borders. The federal agencies acted in response to a 2019 New York law, known as the Green Light Law, that allows people in the United States without legal permission to apply for New York drivers licenses. The legislation "restricts CBP’s access to certain criminal history information maintained by the New York Department of Motor Vehicles,” according to a CBP press release.[2]

New York Attorney General Letitia James argues in the lawsuit that the “new policy is a punitive measure intended to single out New York and coerce the state into changing its policies to compel conformity with preferred federal policies,” according to a press release. The lawsuit further claims that the policy is a rule that should have had a public notice and comment period before going into effect.[1][3]

The APA specifies procedures for agencies to follow when they issue a new rule. Under the APA’s informal rulemaking process, agencies must publish a notice of proposed rulemaking in the Federal Register, provide a comment period to allow interested members of the public to weigh in on the new rule, and publish a final rule in the Federal Register 30 days before it goes into effect.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 United States District Court for the Southern District of New York, "State of New York v. Chad F. Wolf et al.," February 10, 2020
  2. ↑ U.S. Customs and Border Protection, "New York Residents No Longer Eligible to Apply for or Renew Trusted Traveler Programs," February 6, 2020
  3. ↑ New York Attorney General Letitia James, "Attorney General James Files Lawsuit Against Trump Administration Over Assault On New York Travelers," February 10, 2020
v • e
The Administrative State
MainThe Administrative State Project Badge.png
Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
Retrieved from "https://ballotpedia.org/wiki/index.php?title=New_York_sues_federal_agencies_over_new_travel_restrictions_(2020)&oldid=10301870"