Connect with us

Courts / Judicial

Why the U.S. Chamber of Commerce Is Suing the Trump Administration

Published

on

Over the past few weeks, the Trump administration has decided to close the door to engineers, executives, information technology experts, doctors, nurses, and others who come to the United States on work visas. It has attempted to ban international students from attending American colleges and universities that hold classes virtually in the fall. And it has shown an unwavering commitment to canceling the Deferred Action for Childhood Arrivals program, or DACA.

Taken together, these are the most restrictionist immigration policies in nearly a century. This is a fundamental mistake at a time when our nation’s economy is already suffering.

If you want businesses to grow and the economy to rebound, you allow skilled workers to come here legally to work and contribute to the well-being of our nation; you don’t lock them out. If you want the next revolutionary start-up to be founded in America, you welcome foreign students; you don’t threaten to upend their lives and send them home during the middle of a pandemic. And if you want children to grow up to reach their potential and live their American dream, you give them the tools and certainty to succeed; you don’t kick them out of the only country they’ve ever known.

How did we get to this point?

Last month, the administration issued a proclamation severely restricting legal immigration into the United States for work purposes. The executive order puts up a “Do Not Enter” sign for all sorts of skilled workers who come to our country legally to contribute to the economy. The sweeping order will push jobs and investment overseas and slow our economic growth at a time when we need it most.

Take for example a manufacturer we heard from who is opening up a new production line here that will create jobs for American workers. To ensure that this new facility and its equipment function properly when it opens up, the company needs to temporarily employ technical experts from overseas. The administration’s proclamation directly prevents this from happening — meaning no international experts, no new production line, and no new jobs for American workers. Unfortunately, there are many other businesses across a host of industries in similar predicaments.

This week the U.S. Chamber of Commerce and a coalition of trade associations and businesses, including the National Association of Manufacturers, the National Retail Federation, and TechNet, filed a joint lawsuit seeking an injunction to stop the Department of Homeland Security and the State Department from implementing the administration’s proclamation restricting the use of various nonimmigrant worker visas.

Not only does the policy threaten America’s economic interests, but these restrictions clearly exceed the authority of the executive branch, as they take a sledgehammer to the immigration laws that Congress crafted over many generations.

The administration should learn a lesson from its other attempts to restrict legal immigration.

Last week, the Department of Homeland Security wisely reversed course on its policy banning international students from staying in the United States if their college or university holds classes virtually in the fall, but only after widespread condemnation of this idea and numerous lawsuits. The policy would have denied places in colleges and universities for tens of thousands of talented students and future leaders while choking off tuition revenue at a time when many schools are struggling financially. We supported the lawsuit filed by Harvard and the Massachusetts Institute of Technology that ultimately led to the administration rescinding this policy.

“It’s basically a ‘Not Welcome Here’ sign for engineers, executives, specialists, doctors, nurses, etc — and we cannot do that.”

Our CEO Tom Donohue on @CNBC @PowerLunch today discussing our lawsuit against new federal immigration restrictions. https://t.co/nlGg6K05ME

— U.S. Chamber (@USChamber) July 23, 2020

The administration also can learn from its ill-fated attempt to repeal the DACA program. The program protects young people who have lived here since they were children. Last month, the Supreme Court gave the administration an out — blocking on procedural grounds the administration’s 2017 decision to rescind the DACA program. Rather than taking the opportunity to work with Congress on a permanent fix for Dreamers, the administration is considering another effort to end the program, pulling the rug out from 700,000 DACA recipients.

Taken together, these decisions form a broader policy that essentially says, “keep out the skilled, the brilliant, the young seeking to help us grow.” The administration prudently changed course on the student visa issue; it should now take the opportunity to promote economic growth and job creation by rescinding last month’s proclamation limiting legal immigration and abandoning its efforts to repeal DACA.

The Chamber hopes to work productively with the administration on these issues, as we have on a broad array of other policies like tax reform and streamlining regulation. But if the administration persists with its job-killing immigration restrictions, we will see them in court.

Thomas J. Donohue is the chief executive officer of the U.S. Chamber of Commerce.

Source: Why the U.S. Chamber of Commerce Is Suing the Trump Administration

 

,

Continue Reading

BREAKING

DOL And DHS Interim Final Rules Halted By Court Order

Published

on

By

Supreme court of california main court house

As noted on Mondaq.com, written by Cheryl J. Gardner , Jason Burritt and Michelle Gergerian  of Seyfarth Shaw LLP

and on this direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”).

The DOL rule, which took effect on October 8, 2020, significantly increased prevailing wage levels for H-1B, H-1B1 and E-3 programs and the permanent labor certification (PERM) program.

The DHS rule was scheduled to take effect on December 7, 2020 and would have placed further restrictions on the H-1B program, including in particular narrowing the definition of “specialty occupation.”

The Court Order, effective immediately, found that the agencies did not show good cause in bypassing the notice and comment period, required by the Administrative Procedures Act.

For more information, again here’s the direct link:  https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

Continue Reading

Courts / Judicial

Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

Published

on

By

second asylum ban ends

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts. In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial,

 

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. Two Massachusetts district attorneys, the public defender’s office and a non-profit immigrant advocacy organization filed a lawsuit against ICE and asked for a preliminary injunction against the practice. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts. The district court agreed, and granted an injunction last year.

At issue is a claim that the INA implicitly incorporates a common law privilege that protects those attending court from being subject to civil arrest. While nothing in the text of the INA prohibits these types of courthouse arrests, the plaintiffs argued that the law must be read in light of the nonderogation canon, a method of statutory construction that holds that courts must assume Congress is aware of long-standing common law principles and, absent express language to the contrary, intends to keep them.

Judge Bruce Selya wrote Tuesday that “the nonderogation canon does not give courts carte blanche to read a grab bag of common law rules into federal statutes simply to effectuate what those courts may perceive as good policy.” The circuit court held that the nonderogation canon applies if the facts of the common law rule and the statute in question are sufficiently analogous. The common law prohibited civil arrests at court by private litigants, while here the arrests are being carried out by a government agency. The panel vacated the preliminary injunction and remanded the matter back to the district court.

Rachael Rollins, district attorney for Suffolk County and one of the plaintiffs in the case, said in a statement that “this fight is far from over” and that the plaintiffs “are absolutely on the right side of justice here.”

The post Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses appeared first on JURIST – News – Legal News & Commentary.

Source: Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

,

Continue Reading

Courts / Judicial

Searching for Hope Among the Ruins of Our Asylum System

Published

on

By

IMMIGRATION REFORM NEWS ASYLUM IMMIGRANT CARAVAN

If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone. You are not alone in your dread of the next,

If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone.

You are not alone in your dread of the next case certified to the Attorney General, the next BIA published decision, the next proposed rule, the next executive order, the next policy change…and the ensuing scramble to understand how it impacts your clients who have been waiting in the backlog for months or years. You are not alone in feeling like you just can’t keep up with it all.

You are not alone in the justified outrage at how children and families have been treated by the administration. You are not alone in feeling ashamed by the way this country now treats those seeking protection at our borders.

You are not alone in feeling like every immigration court hearing is like pushing back against an ocean of injustice; there is no due process, no fundamental fairness for asylum seekers anymore.

You are not alone in sometimes, perhaps even often, feeling hopeless.

But, you are not alone. There are thousands of others working on these issues, fighting for what’s right. We are a regiment of seasoned asylum practitioners who know the ins and outs of this complex area of law and how to practice it effectively. We are the newcomers to asylum law who may feel uncertain but who know deep in our souls that fighting these battles is what we are called to do. We are the lawyers who take on pro bono asylum cases even when that requires preparing witnesses for their testimony while simultaneously entertaining our toddlers because our offices are now our dining room tables.

We are in this together, and that is what makes me feel inspired and determined, rather than hopeless.

Serving as chair of the upcoming AILA Virtual Asylum Conference and planning the program is one way that I’ve been reminded that we’re not alone, that we are part of a community of talented, passionate attorneys still fighting to keep asylum alive.  Join me as we lay out the sweeping policy changes to the U.S. asylum system and the ever higher hurdles for asylum seekers and their advocates that the administration has implemented. Join me as we work through where litigation and advocacy efforts to combat the administration’s changes stand. Join me in fighting for asylum seekers in this country (and supporting each other in those efforts!). I promise you that you will leave this virtual conference with a solid understanding of where things stand and what that means for your clients, as well as expert guidance on new strategies to employ at the border and in the immigration courts as we continue to fight for asylum seekers and the soul of our nation.

I know this is a tough fight to keep up. I know you feel tired. But we can lift each other up, help each other succeed, and save our clients’ lives.

Source: Searching for Hope Among the Ruins of Our Asylum System

Photo by Adam Smotkin on Unsplash

,

Continue Reading

PERM Recruitment Advertising

PA-250-300

Immigration Impact

Immigration Links

Trending

Copyright © 2020 IMMIGRATION REFORM NEWS