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IMMIGRATION MARCH 01, 2024 | The Indian Eye 45

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counting of both the principal and employment authorization benefits, vast economic and political signif- identify clear congressional authority
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derivative beneficiaries in the em- such as with the Deferred Action for icance. The dissent in Washington disapproving what the agency propos-
ployment-based fifth preference. In- Childhood Arrivals program or with Alliance of Technology Workers v. es to do, the court should uphold the
deed, the Court in Wang v. Blinken F-1 optional practical training.” the U.S. Department of Homeland agency action if it is reasonable. The
also rejected the government’s argu- At present, courts also rely on Security (“Washtech v. DHS”), for Supreme Court’s decisions in Relent-
ment that it was entitled to Chevron the “major questions” doctrine in example, argued that the issue of less and Loper Bright could help to
deference in interpreting INA 203(d) West Virginia v. EPA, 142 S. Ct. 2587 whether DHS’ 2016 OPT Rule ex- resolve this discrepancy. If Chevron
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by counting derivatives as INA 203(d) (2022) to side step Chevron defer- ceeds its statutory authority was a deference is eliminated, courts need
was not ambiguous in the first place. ence even if a statute is ambiguous. “major question”. Similarly, in a foot- not even need to go into the “major
Two upcoming Supreme Court Here the Supreme Court held that “in note, the court in Texas v. USA cited questions” doctrine.
cases – Relentless, Inc. v. Depart- certain extraordinary cases” where it West Virginia v. EPA in holding that Matter of Aguilar Hernandez
ment of Commerce and Loper Bright is unclear whether an agency action DHS had no Congressional authority gives us a taste of how courts will
Enterprises v. Raimondo – may nar- was authorized by Congress, “given to implement the DACA program. interpret INA provisions and regu-
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row Chevron or even eviscerate it both separation of powers principles The standard articulated in West lations in a post Chevron world al-
altogether. If the Supreme Court’s and a practical understanding of leg- Virginia v. EPA requires agencies to though it remains to be seen wheth-
holdings in Relentless and Loper islative intent, the agency must point assert clear Congressional authoriza- er the end result will always be
Bright deprive agencies of the ability to ‘clear congressional authorization’ tion when implementing a new policy beneficial.
to interpret ambiguous statutes with- for the authority it claims”. Such ex- of major significance, while Chevron
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out explicit Congressional authoriza- traordinary cases where the “major imposes an almost opposite standard *Kaitlyn Box is a Senior Associate at
tion, it may result in both good and questions” doctrine is invoked have by saying that if the court cannot Cyrus D. Mehta & Partners PLLC.
bad outcomes in the immigration _________________________________________________________________________________________________________
context. According to the Think Im- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
migration Blog: “For example, in Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
removal cases, Chevron deference mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
hurts those seeking review of immi- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
gration judge or Board of Immigra- Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
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of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
tion Appeals decisions. It can also New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
hurt employers seeking to obtain a is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
favorable interpretation of a statute received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
granting H-1B or L visa classification Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
to a noncitizen worker. However, also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
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Chevron deference can help when lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
the immigration agency seeks to give Chambers Global 2019 in immigration law, among other rankings.

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