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Shows DHS work authorizations for aliens are not permitted by law
WASHINGTON—Today, the Immigration Reform Law Institute (IRLI), on behalf of its client Save Jobs USA, an association of technology workers, petitioned the Supreme Court of the United States to review a case that challenges the authority of the Department of Homeland Security (DHS) to allow aliens to take half of the new jobs the American economy creates each year.
IRLI shows that DHS, like any agency, only has the authority to implement statutes passed by Congress, and that DHS is not implementing any statute here, but acting on its own alleged authority.
In this petition, the issue is whether DHS can allow the accompanying spouses of certain H1-B workers to work in the United States, even though the visa that allows them to be in the country does not imply that DHS can let them work.
It is basic to administrative law, IRLI shows, that agencies only have the authority to conform to or carry out some principle of action laid down by Congress in a statute. And an agency only conforms to a statute when it makes a regulation that the statute affirmatively allows the agency to make. Here, the definition of the operative visa enacted by Congress does not affirmatively allow DHS to let holders of that visa compete with Americans for jobs.
What’s more, if this program is combined with numerous other work programs DHS has created without permission in any part of the Immigration and Nationality Act, it turns out that DHS, without any congressional authorization, is slating half of the new jobs our economy creates in an average year to aliens—with devastating effect on Americans, including long-term unemployed Americans.
“If the Supreme Court is serious about reining in the unconstitutional power of administrative agencies, it should take this case,” said Dale L. Wilcox, executive director and general counsel of IRLI. “A simple, powerful principle has been ignored by DHS, and the Court must make it clear: when an agency regulates under a statute, it has to do so in a way that statute permits. And the practical ramifications here are enormous for Americans in need of new jobs. We hope the Court grants review of this hugely important case, and confines DHS to the limits set by Congress and the Constitution.”
The case is Save Jobs USA v. DHS (U.S. Supreme Court).