Create an emergency power to bar entry, exempt from normal rulemaking
What the document says“Such rule and regulation making shall not be subject to the requirements of the Administrative Procedures Act.”
The chapter proposes statutory language letting the Secretary, on determining that an actual or anticipated mass migration presents urgent circumstances, and with the President's approval, make rules barring the entry of people from designated countries and expelling them. The quoted sentence exempts those rules from the Administrative Procedure Act, which sets the normal notice and comment requirements. The chapter further proposes that the Secretary be able to waive any requirement of Title 8 he or she judges necessary.
What the document actually says“Such rule and regulation making shall not be subject to the requirements of the Administrative Procedures Act.”
These new rules would not have to follow the usual law for making rules.
There is a law about how rules get made. It requires notice and public comment. The book asks for a new power that skips it. It would be used when many people arrive at once.
Guaranteeing the States Protection Against Invasion
2025-01-20 · 90 FR 8333
The proclamation finds an ongoing invasion at the southern border and, under sections 212(f) and 215(a) of the Immigration and Nationality Act together with claimed inherent Article II authority, suspends the entry of aliens engaged in it, restricts those aliens from invoking provisions of the Act that would permit their continued presence including the asylum provision at section 208, and directs the Secretary of Homeland Security to repel, repatriate or remove them, none of it through notice and comment. That is close to the substance of the power the chapter drafts. It is not the statute the chapter asks Congress to pass: the determination and the power sit with the President rather than the Secretary, the trigger is an invasion at the southern border rather than a mass migration en route to or arriving off the coast, no countries or places are designated, nothing authorizes waiver of any requirement of Title 8, and because the instrument is a proclamation rather than a rule there is no rulemaking for the Administrative Procedure Act exemption to apply to.
The order finds an invasion at the southern border and blocks entry of those in it. They may not use the asylum rules, and the Homeland head must turn them back. None of it goes through public notice and comment. But it is not the law the book asked Congress to pass. The power sits with the President, and no countries are named. It is not a rule at all, so the book's carve out has nothing to apply to.