| Should Homeland Security make law by emergency decree?
Cisco's H-1B visa crisis just got help from the Department of Homeland Security without the approval of Congress, as well as a total disregard for the concerns of America's voting citizens.
To make the rule effective immediately DHS cited this clause:
Administrative Procedure Act
To avoid a loss of skilled students through the next round of H-1B filings in April 2008, DHS is implementing this initiative as an interim final rule without first providing notice and the opportunity for public comment under the good cause exception found under the Administrative Procedure Act (APA) at 5 U.S.C. 553(b).
The APA provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for good cause, finds that those procedures are impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553(b)(B).
The exception excuses notice and comment, however, in emergency situations, or where the delay created by the notice and comment requirements would result in serious damage to important interests.
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