- Whether a State that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., to challenge the Guidance because it will lead to more aliens having deferred action.
- Whether the Guidance is arbitrary and capricious or otherwise not in accordance with law.
- Whether the Guidance was subject to the APA's notice-and-comment procedures.
- Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, §3.
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