On behalf of legal scholars Ronald A. Cass and Christopher DeMuth, as well as the Judicial Education Project, Boyden Gray & Associates and King & Spalding jointly filed an amicus brief in the Supreme Court in support of Texas’s challenge to the Deferred Action for Parents of Americans (DAPA) program. The amicus brief argues that the Secretary of Homeland Security violated the Administrative Procedure Act when he promulgated DAPA without notice-and-comment. Because DAPA establishes a program that will exempt aliens from applicable law and provide valuable benefits in the future, the amicus brief argues that DAPA was a substantive rule and the Secretary was required to go through notice-and-comment. The amicus brief further argues that none of the exceptions recognized in the Administrative Procedure Act apply to DAPA