A federal judge in San Francisco has barred the Trump administration from enforcing its ban against many of the largest U.S. companies bringing foreign workers under H-1B and other employment-based visas.
The ruling applies to workers for companies represented by plaintiffs in suits: the National Association of Manufacturers, the US Chamber of Commerce, the National Retail Federation, and TechNet.
The order remains in effect until the end of the year, although it is national in scope, although it does not apply to employers who do not represent one of the four indictments.
“We are competing with the rest of the world to find and develop top talent to support innovation in our industry,” said Linda Kelly, senior vice president and general counsel of the National Association of Manufacturers. “Today’s decision is a temporary victory.”
“The decision against the implementation of these broad restrictions on legal immigration is a great victory for American businesses and our nation’s economy,” said John Baselis, executive director of immigration policy at the US Chamber of Commerce.
It is unclear how the judge’s order will be implemented, as it will require US consular officers and immigration officials to find out which companies are represented by plaintiffs. The State Department did not answer the question of how it planned to implement the judge’s ruling.
The temporary ban, which Mr. Trump issued in June, prevents foreigners on H-1B or other work visas from coming to the US until the end of this year or longer, should the president extend it. Mr. Trump said he took steps to protect unemployed Americans who could take jobs not filled by foreigners.
At the time, tech-industry executives and other business leaders warned that companies’ ability to recruit top talent in the US and release immigrants who fill unique skill sets or most Americans would not perform. Colleges said it would discourage top students studying in the US
The H-1B visa is an employment-based visa for highly skilled workers. The administration has argued that the coronovirus epidemic requires limits on immigration to prevent sick people from entering the country and to ensure that Americans first get jobs as a waiver in the economy.
Mr. Trump exceeded his authority in issuing the ban, U.S. District Judge Jeffrey S. White of Northern District of California wrote in his opinion.
Judge White, who appointed George W. Bush, wrote, “The congressional delegation of authority in the immigration context does not give President Belgaum authority to set domestic policy regarding the employment of non-immigrant foreigners.” “Such a finding would make the President’s Article II powers irrelevant to all.”
The White House did not immediately respond to requests for comment. The Department of Justice did not want to comment.
In addition to H-1B visas, suits applied to H-2B visas for short-term seasonal workers in landscaping and other non-formal jobs; J-1 visas for short-term workers, including camp counselors and au pairs; And L-1 visa for internal company transfer.
The decision is particularly important for affected H-1B visa holders working in affected companies, as the government issues 85,000 new people at the beginning of each financial year on 1 October. Mr. Trump has specifically extended the October order to ensure that these new visa holders will not be able to start and start new jobs in the US, his advisers said.
Mr. Trump did not seek to stop the earlier ban announced in April, which prohibits family members of Americans and certain work-based green-card holders from entering the US.
The decision was broken by a ruling by US District Judge Amit Mehta of the District of Columbia, who ruled in a parallel case that he did not have the power to postpone the ban while the trial was on.
In his ruling issued by Obama ruler, Judge Mehta, Sept 4, he wrote that he did not believe Mr Trump’s ban was unconstitutional. He pointed to a 2018 Supreme Court ruling stating that Mr. Trump’s travel ban was allowed on seven Muslim-majority countries because the president has the power to block foreigners if they “interests the United States.” Are harmful to people. ”
Judge Mehta wrote, “The intelligence of the President’s decision to address those changed circumstances by restricting the entry of certain classes of aliens is a policy decision, not well equipped for judiciary evaluation,” Judge Mehta wrote.
Write Michelle Hackman at [email protected]
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