Two decisions issued recently by the Supreme Court will impact the administrative state, and immigration laws specifically, by transferring administrative authority to the federal courts.
In Securities and Exchange Commission v. Jarkesy and Loper Bright Enterprises v. Raimondo, the Supreme Court voided the standing Chevron doctrine. This 40-year-old precedent and doctrine had mandated that federal courts were obliged to defer to government agencies’ interpretations of ambiguous statutes. With this decision, new litigation may arise challenging administrative agency decisions and policies, and the standing interpretations of the law in industries as widespread as immigration, consumer fraud, and pollution might be overturned. Litigation will also be affected by the federal judges’ ability to overlook federal agency policies that have been in place for decades.
It remains to be seen how much the fall of the Chevron doctrine will affect individual litigants and standing programs in the immigration arena. Deferred Action for Childhood Arrivals (DACA), for instance, may be affected due to the fact that this program is not based on explicit authorization in federal statutes. Our Immigration team will continue to monitor any further developments or policy changes.
Additional Immigration News: Haiti Granted Automatic Extension of Temporary Protected Status for 18 Months
U.S. Citizenship and Immigration Services (USCIS) has extended and redesignated Temporary Protected Status (TPS) for Haiti from August 4, 2024 through February 3, 2026. Nationals of Haiti and individuals with no nationality who traditionally resided in Haiti may submit an initial registration application under the redesignation of Haiti for TPS and apply for Employment Authorization Documents (EAD). Current beneficiaries of the TPS Haitian program who wish to maintain their status must re-register and apply for new Employment Authorization Documents.
USCIS has automatically extended through August 3, 2025 the validity of certain EADs issued under the TPS designation for Haiti. Extension-eligible EADs have new expiration dates, as listed below:
- August 3, 2024
- June 30, 2024
- February 3, 2023
- December 31,2022
- October 4, 2021
- January 4, 2021
- January 2, 2020
- July 22, 2019
- January 22, 2018
- July 22, 2017
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