Trump Tempts Suits in Shutting Public Out of Immigration Rules

A sweeping Trump administration declaration that immigration regulations can bypass public notice signals a new effort to expand executive authority that will test the limits of the law governing federal regulations.

Secretary of State Marco Rubio stated last week that any action by federal agencies to control the border or immigration qualify as foreign affairs functions under the Administrative Procedure Act, making them exempt from public notice-and-comment requirements.

Those long-standing procedures give businesses, advocacy groups, and members of the public an opportunity to weigh in on major policy changes affecting immigration enforcement or employment-based visa programs.

Attorneys and legal scholars ...