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this post was submitted on 14 Sep 2023
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Anyone able to find how it actually violated APA?
A conservative judge didn't like it.
So, on a surface level, that wasn't the finding. This ruling amounts to finding that the current DACA is not substantively different from an earlier version the same court previously found illegal and ordered changes to. Since it hasn't changed, it is still illegal. That's why it's so difficult to answer your question: the real answer lies in the previous case (or cases; I think it's two, one named Texas and one named Regents), not this one.
IIRC he ruled last time that it didn't undergo the proper public notice and comment period originally. They basically drafted up the same regulations, put it through the public notice and comment period, didn't change anything based on public comments and now he struck it because it was exactly the same regulations as before.