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IMMIGRATION JANUARY 08, 2021 | The Indian Eye 41

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lenge Presidential Procla- ty v. Regents, in which the U.S. interests, it is hoped [on H-1B and L-1 work- presidential power. How-
mations issued in reliance Supreme Court held that that the Biden administra- ers] was enjoined by the ever, all this may not mat-
on INA § 212(f) as an in- the rescission of DACA tion will be able to provide court in NAM (National ter if Biden withdraws the
valid exercise of Presiden- was a violation of the APA, ample and well-reasoned Association of Manufac- appeal before the mandate
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tial authority. However, the Court stated that an justifications for rescission. turers) v Trump, that ruling ensues and also rescinds
the decision can be read agency must comply “with Should President-elect was limited to the plaintiff Proclamation 10052.
narrowly to apply only the procedural require- Biden rescind the health- organizations that brought We trust that the Biden
to Proclamation 9945. It ment that it provide a rea- care Proclamation soon the suit. Therefore, the ex- administration will ensure
might also give ammu- soned explanation for its after taking office, and tension will still be effec- that Doe #1 v. Trump does
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nition to those who may action” in rescinding an ex- withdraw the appeal be- tive on others. The Ninth not become precedent
wish to challenge Biden’s isting policy. Department fore the Ninth Circuit’s Circuit’s ruling in the in the Ninth Circuit, and
authority to rescind Proc- of Homeland Security v. mandate ensues after 45 healthcare proclamation that it will carefully rescind
lamation 9945 and the Regents of the Universi- days, the opinion may be- case, Doe 1 v. Trump, may Trump’s proclamation.
extended Proclamations ty of California, 591 U. S. come a moot one. have jeopardized NAM v.
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10052 and 10014. The new ___, *29(2020). Special The Doe #1 v. Trump Trump, already limited in *Kaitlyn Box graduated
administration must care- consideration should also opinion may limit the ave- its application, since the with a JD from Penn
fully follow the holding be accorded to “wheth- nues for challenging Proc- decision in NAM v. Trump State Law in 2020, and
in the Supreme Court’s er longstanding policies lamation 9945, along with was based partly on the works as a Law Clerk
decision in Department may have ‘engendered Proclamations 10052 and idea that the healthcare at Cyrus D. Mehta &
of Homeland Security v. serious reliance interests 10014. Although the ban Proclamation exceeded Partners PLLC.
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Regents of the University that must be taken into _________________________________________________________________________________________________
of California in rescinding account.’” Encino Motor- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner
Trump’s proclamations cars, LLC v. Navarro, 579 of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administra-
under INA 212(f) to en- U. S. ___, (2016) (slip op., tive Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special
sure the rescissions are at 9) (quoting Fox Televi- counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First
Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
not found to be arbitrary sion, 556 U. S., at 515). A for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair
and capricious under the previous blog post discuss- of the Board of Trustees of the American Immigration Council and former chair of the Committee on
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Administrative Procedure es Department of Home- Immigration and Nationality Law of the New York City Bar Association. He is a frequent speaker and
Act. The Biden admin- land Security v. Regents in writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law
at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
istration must provide a greater detail. Given the the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and
detailed and cogent rea- detrimental impact that the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono repre-
son for rescinding Trump’s Proclamation 9945, to- sentation in the immigration field. He has also received two AILA Presidential Commendations in 2010
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proclamations. In Depart- gether with Proclamations and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s
Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
ment of Homeland Securi- 10052 and 10014, has on Global 2019 in immigration law, among other rankings.

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