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IMMIGRATION JULY 07, 2023 | The Indian Eye 39

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ed deferred action eligible for certain ing to sue a future administration if it cretion or whether it would apply to current. These are just a few exam-
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federal benefits and ensures that they again restricted the public charge pa- other matters. ples where the Biden administration
do not accrue unlawful presence for rameters? If the standing analysis applies can tread more boldly without fear
inadmissibility purposes, which could Assuming that United States v. to other matters, then the Biden ad- of being sued by Texas, Louisiana or
render them subject to the 3- and 10- Texas precludes standing for these ministration should consider boldly Missouri.
year bars. Moreover, since they are states in the future, there will also providing relief to backlogged skilled In the immediate aftermath of the
considered lawfully present, DACA be plaintiffs who have been actual- immigrants by radically advancing the decision where Justice Alito was the
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recipients will be eligible for Social ly injured such as noncitizens whose dates for filing in the State Depart- only dissenter, DHS Secretary Ale-
Security benefits, including a Social travel has been blocked to the US or ment Visa Bulletin so that thousands jandro Mayorkas said that the DHS
Security number itself when they ap- who have been denied permanent of beneficiaries of approved I-140 would reinstate the guidelines, which
ply for employment authorization, residence as they could not meet the employment petitions may file for were paused last summer by the Su-
which assists individuals in filing tax- new restrictive public charge grounds. adjustment of status in the US and preme Court.
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es, obtaining identification cards, and United States v. Texas serves as a obtain benefits such as interim work He said this would “enable DHS
obtaining employment. shield against plaintiffs who wants to authorization, travel permission and to most effectively accomplish its law
Most important, a clarification of play offense but does not come in the the ability to exercise job portability. enforcement mission with the author-
lawful presence not being legal status way of an injured plaintiff who needs The administration can also consid- ities and resources provided by Con-
should put DACA in the same cate- to play defense. It also remains to be er providing parole to beneficiaries gress.” Texas Gov. Greg Abbott said
gory of cases where the DHS has ex- seen whether the standing analysis in of approved I-130 family, I-140 em- that Texas would “continue to deploy
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ercised prosecutorial discretion, and the ruling is limited to challenging the ployment and I-526 investor petitions the National Guard to repel [and] turn
should in turn preclude Texas and government regarding non-prosecu- who are waiting overseas to immigrat- back illegal immigrants trying to enter
other states from getting standing to tions or exercising prosecutorial dis- ed until their priority dates becomes Texas illegally.”
challenge the program. _________________________________________________________________________________________________________
There is also this fear whether Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
this ruling would preclude an immi- PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
grant friendly state like New York, chair of AILA’s Ethics Committee; special 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 for Legal Ser-
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Hawaii, Washington or California to vices and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American
challenge an anti-immigrant policy of Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association.
a future president. Would Hawaii be He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
able to challenge a future travel ban Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein
based on discriminatory grounds like Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstand-
ing efforts in providing pro bono representation in the immigration field. He has also received two AILA Presidential Commendations
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it did in Trump v. Hawaii? Or would a in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
state like New York be able get stand- Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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