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IMMIGRATION OCTOBER 20, 2023 | The Indian Eye 49

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lenged in addition to the H-4 EAD month for up to two years and apply have completed their course of study tend EADs to a broad swath of non-
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program, such as the DACA pro- for work authorization, is currently and does not specifically authorize citizens. Some of the beneficiaries of
gram, which the U.S. District Court facing a challenge by Texas and nine- post-graduation practical training. EADs are those who are in the queue
for the Southern District of Texas teen other states. The plaintiff states The U.S. Court of Appeals for the for permanent residence but are un-
recently struck down once again. In allege that the program “amounts to D.C. Circuit, however, upheld STEM able to obtain it due to backlogs in the
a September 13, 2023 order, Judge the creation of a new visa program OPT as a valid exercise of DHS’ au- employment categories while others
Hanen stated that the 2022 Final that allows hundreds of thousands of thority under in INA § 214(a)(1) to are in the US based on humanitarian
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Rule promulgated by the Biden ad- aliens to enter the United States who promulgate regulations that autho- reasons. The authority and flexibility
ministration to formalize the DACA otherwise have no basis for doing rize an F-1 student’s stay in the U.S. that INA 274A(h)(3) provides to the
program was not “materially differ- so”. In an October 2022 Court of Ap- beyond graduation. The Supreme Administration to fashion immigra-
ent” from the 2012 policy that first peals case, the Washington Alliance Court recently denied certiorari al- tion policy through the grant EADs
created the program, and held that of Technology Workers (Washtech) lowing STEM OPT and the EAD and transform the lives of hundreds
“the Final Rule suffers from the similary argued that the F-1 STEM emanating under 8 CFR 274.12(c)(3) of thousands of noncitizens fills an
important gap that complements the
same legal impediments” as the 2012 Optional Practical Training (OPT) to continue. Login|Register with your eMail then
policy. The 2012 policy was ruled un- rule should be struck down on the Notwithstanding these legal immigration benefits provided in the
lawful in by the 5th Circuit in Octo- ground that INA § 101(a)(15)(F)(i) challenges on specific executive ac- INA.
ber 2022. In a 2015 opinion authored authorizes DHS to allow F-1 students tions, the Administration continues *Kaitlyn Box is a Senior Associate
by Judge Hanen, the 5th Circuit to remain in the U.S. only until they to have the authority to issue and ex-
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struck down the “Deferred Action _________________________________________________________________________________________________________
for Parents of Americans and Law- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
ful Permanent Residents” program Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
(or “DAPA”) and questioned wheth- mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
er INA 274A(h)(3), which the court Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
characterized as a definitional provi- Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
sion, even affords DHS the authority of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
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to grant employment authorization New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
or related benefits. is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
The administration’s humani- received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
tarian parole program, which allows Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
30,000 qualifying nationals of Cuba, also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
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Haiti, Nicaragua and Venezuela to be lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
admitted to the United States every Chambers Global 2019 in immigration law, among other rankings.

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