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ImmIGRATION                                                           February 12, 2021  |        The Indian Eye                          47



















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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        the  lead  in  forging  the  involvement of the Unit- tions designed to im- icy  that  rescinded  giv- or  applications  that  cit-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        years to negotiate un- suggested            that   Jews  DOL wage rule that arti- BAHA,  now  rescinded,  that view immigrants as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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