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IMMIGRATION February 05, 2021 | The Indian Eye 49

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United States viewed it- with anti-Semitism. The under BAHA by deny- foreign nationals, also nition to litigators who
self before Trump took America First Commit- ing visa applications and mentions the BAHA challenge them in court.
office. While previously tee (AFC) was founded harassing immigrants. executive order several Even those who received
the United States took in 1940 and opposed the Even pending regula- times. The USCIS pol- denials of visa petitions
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the lead in forging the involvement of the Unit- tions designed to im- icy that rescinded giv- or applications that cit-
Paris climate accord, ed States in World War pede legal immigration ing deference to prior ed BAHA can potential-
Trump withdrew from it. II. into the US, such as the successful adjudications ly use that as a basis to
While the United States AFC’s most nota- new H-1B lottery rule, was based on BAHA challenge them in court
had promoted free trade ble spokesman Charles may no longer rely on (USCIS has touted this or through additional
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as a basis for growing Lindbergh, the avia- BAHA to move forward as one of its BAHA ac- administrative review.
prosperity between na- tor, expressed not only although this in itself complishments). It is The rescission of
tions, Trump withdrew sympathy for the perse- may not be the basis to hoped that immigra- BAHA should also pave
from the Trans Pacific cution of Jews in Nazi invalidate them in court. tion policies and rules the way for new progres-
Partnership, which took Germany, but further The newly promulgated that were issued under sive laws and policies
years to negotiate un- suggested that Jews DOL wage rule that arti- BAHA, now rescinded, that view immigrants as
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der American leader- were advocating that ficially increases prevail- can provide an excuse an asset to the nation
ship, and he also with- the United States en- ing wages, thus creating for the Biden adminis- rather than a threat,
drew from other global ter a war that was not obstacles for employers tration to abandon them which in turn will bene-
alliances. Although the in the national interest. to obtain H-1B visas and as well as potentially fit both immigrants and
title was deceptive, The AFC met a sudden permanent residency for provide further ammu- America.
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Trump’s America First death a few months lat- _________________________________________________________________________________________________
doctrine, unfortunate- er by disbanding when Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner
ly, abdicated America’s Japan attacked Pearl of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administra-
leadership role in the Harbor, which naturally tive Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special
world. This thankfully propelled America’s in- 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
will be restored by Pres- volvement in World War for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair
ident Biden and without II. of the Board of Trustees of the American Immigration Council and former chair of the Committee on
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America First or BAHA Now BAHA is dead, Immigration and Nationality Law of the New York City Bar Association. He is a frequent speaker and
guiding his administra- and can no longer roil 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
tion. US immigration policy. the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and
It is worth noting that No longer may USCIS the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono repre-
the term America First issue a BAHA report sentation in the immigration field. He has also received two AILA Presidential Commendations in 2010
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also has an ignoble his- card each year boasting 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
tory, and was associated on how well it has done Global 2019 in immigration law, among other rankings.

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