U.S. District Court has ordered a preliminary injunction against President’s Proclamation (10052) which banned a new issuance of H-1B, L-1, J-1 and H-2B work visa and banned the entry of these workers and their dependents. This order was made on a case, National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (4:20-cv-04887-JSW), by U.S. District Court for the Northern District of California in favor of National Association of Manufacturers, Chamber of Commerce, National Retail Federation, Technet, and Intrax, Inc. (collectively “Plaintiffs”) and members of the Plaintiff associations.
TechNet member companies include large technology companies including Google, Microsoft, Apple, etc.. Intrax is major J-1 sponsor. National Association of Manufacturers is a trade association and its membership is across the country and in variety of industry within manufacturing. ), and Chamber of Commerce is a nationwide body with local chapters and Chambers. This is not a nationwide injunction, therefore, only members (and their employees) of the Plaintiff associations can benefit from this lawsuit. Other companies and trade associations can perhaps bring their own lawsuit.
United States District Judge Jeffrey S. White made the order and found that:
Congress’ delegation of authority in the immigration context under Section 1182(f) does not afford the President unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners. Such a finding would render the President’s Article II powers all but superfluous. See id. at 592-93 (“[T]he text of Article I and more than two centuries of legislative practice and judicial precedent make clear, the Constitution vests Congress, not the President, with the power to set immigration policy. If the fact that immigrants come from other countries inherently made their admission foreign relations subject to the President’s Article II power, then all of this law would be superfluous.”). Indeed, there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigrationNational Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (4:20-cv-04887-JSW)
context, an area within clear legislative prerogative. Such unrestricted authority would be contrary to Congress’ explicit delegation of powers in foreign affairs and national security… The Congressional delegation of power “does not provide the President with limitless power to deny visas to immigrants based on purely long-term economic concerns” or “purely domestic economic problem[s].” Id. at 1065, 1067. Because the Proclamation at issue here as well “deals with a purely domestic economic problem,” the
Proclamation does not implicate “the President’s foreign affairs powers” and “his power is more circumscribed when he addresses a purely domestic economic issue.”
The judge further Orders:
- The Defendants (U.S Department of Homeland Security (DHS) and U.S. Department of State (“State”)), their agents, servants, employees, and all others in active concert or participation with them are enjoined, pending final judgment, from implementing, enforcing, or otherwise carrying out Section 2 of Proclamation 10052 with respect to Plaintiffs and, with respect to the association Plaintiffs, their members.
- Defendants, their agents, servants, employees, and all others in active concert or participation with them are enjoined, pending final judgment, from engaging in any action that results in the non-processing or non-issuance of applications or petitions for visas in the H, J, and L categories which, but for Proclamation 10052, would be eligible for processing and issuance, with respect to the Plaintiffs and the members of the Plaintiff associations.
- This preliminary injunction shall take effect immediately and shall remain in effect pending trial in this action or further order of this Court.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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