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IMMIGRATION JUNE 06, 2025 | The Indian Eye 35

the workforce limit the ability of U.S. had enrolled in degree programs, em- revenue over the next ten years. The wants to prevent international students
workers to get jobs. However, any at- barked on careers, started businesses, reliance interests at issue in any effort from having the opportunity to come to
tempt to argue that international stu- purchased homes, and even married to rescind OPT would be similarly the U.S. and study at Harvard, Ameri-
dents attending U.S. schools do not and had children, all in reliance on the weighty. International students enroll ca’s most prestigious university. With-
add value to the United States appears DACA program. The consequences of in degree programs and pay tuition to out international students, who should
to clash with INA § 101(a)(15)(F)(i), the rescission would “radiate outward” U.S. universities in reliance on the as- be able their mind or express their
which makes clear that international to DACA recipients’ families, includ- sumption that they will be able to gain views without fear, Harvard will not be
student are a Congressionally autho- ing their 200,000 US citizen children, practical experience in their field of Harvard and the American University
rized category of nonimmigrant visa to the schools where DACA recipients study through OPT employment after that has long commanded respect and
classification, which is implicitly bene- study and teach, and to the employers graduation. If international students prestige throughout the world will sink
ficial to the US. who have invested time and money in are deterred from studying in the U.S., in Trump’s swamp. Finally, Trump has
In 2020, in Department of Home- training them. Justice Roberts also cit- American universities will suffer, as also detained and attempted to remove
land Security v. Regents of the Univer- ed a Brief for 143 Businesses as Amici will U.S. employers who can no lon- foreign students for expressing lawful
sity of California, the Supreme Court Curiae, which estimated that hiring ger employ talented foreign graduates. speech that his administration disfa-
held that the Trump administration had and training replacements would cost Economists too find OPT to be an eco- vors, and so far the courts are pushing
run afoul of the APA when it rescind- employers $6.3 billion. In addition, nomic boon to America and prohibit- back on grounds that their detention
ed the Deferred Action for Childhood excluding DACA recipients from the ing OPT will find it musth more diffi- was retaliatory and unconstitutional as
Arrivals (DACA) program. Cyrus lawful labor force may result in the loss cult for US companies to retain talent. we have discussed in our blog on our
Mehta discussed this case in a prior of $215 billion in economic activity and Trump does not only want to at- client Mohsen Mahdawi’s successful

blog. The Court found the rescission an associated $60 billion in federal tax tack and curb practical training but also challenge to his unlawful detention.
of DACA to be “arbitrary and capri- ___________________________________________________________________________________________________________________________________
cious,” noting that “[w]e do not decide Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
whether DACA or its rescission are & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
sound policies,” but only “whether the mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
agency complied with the procedural Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
requirement that it provide a reasoned of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
explanation for its action. Here the Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
agency failed to consider the conspicu- Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
ous issues of whether to retain forbear- on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
ance and what if anything to do about Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
the hardship to DACA recipients.” and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
Chief Justice Roberts’ opinion faulted immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
the administration for not factoring the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
reliance interests, as DACA recipients in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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