Once again, federal courts have served a setback to attempts by the Trump Administration to accomplish its immigration reform agenda through executive action. In the most recent developments, a federal trial court in New York issued an order on December 4 instructing the Department of Homeland Security (DHS) to post a notice indicating that the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program was restored in full and that DHS will resume taking new DACA applications. That order follows a November ruling by the court finding that a July 2020 DHS memo restricting DACA renewals had been unlawfully issued.
In a separate ruling issued on December 1, a different federal trial court in California invalidated both a recently published DHS interim final rule that amended several regulations related to the H-1B visa process and a companion Department of Labor (DOL) interim final rule that substantially increased the prevailing wage rates employers must promise to pay H-1B visa beneficiaries.
Members of the Center for Workplace Compliance (CWC) can read more here.