The Social Security Administration, a federal regulatory agency, wants to pass a new regulation which makes all decisions on social security applications from individuals that Administration believes are not US citizens to be final without any opportunity to be heard. The Administration submits a proposed regulation in the Federal Register. After the comment period expires, the Administration finalizes the regulation without putting anything else in the Federal Register. The US Civil Liberties Union files an action in the United State Court of Appeals challenging this regulation. On what grounds can the Civil Liberties Union challenge this regulation.