General Discussion

Jeffries may have adjudged the actions arbitrary and capricious, but I imagine the courts will be more deferential. The court gives a lot of deference to the agency’s area of expertise in its review. It sounds protective in a soundbite, but the standard tends to lead courts to be highly deferential to agency interpretation and reasoning. It’s a pretty squishy standard across the various areas of law. Some areas require a stronger showing for the government. “Obscure your identity in everyday law enforcement” is also not very assuring. It’s going to be hard to argue there isn’t some basis that ICE’s novel and specialized tasks and enforcement procedures aren’t “everyday enforcement”. Much of what they do may be described as going beyond everyday law enforcement Until I see more specifics, I’m going to assume the final compromise will be somewhat toothless. I’m not saying there aren’t pragmatic and political considerations to be made here, but let’s not pretend they’re playing hardball. .