Immigration -- active

National Association of Manufacturers v. Department of Homeland Security   (N.D. Cal.)

Challenging the Trump Administration's proclamation restricting high-skilled and temporary worker nonimmigrant visas

In July 2020, the NAM filed a lawsuit in the Northern District of California against the Trump administration’s unlawful restrictions to a wide range of nonimmigrant work visas. The restrictions, which were part of a June 22 Presidential Proclamation that essentially shut off the flow of high-skilled workers for hard-to-fill jobs in the manufacturing sector, were the subject of intense member interest and concern. The restrictions were so disruptive that they quickly began to inflict irreparable harm on our members, and we argued that they lacked legal basis because economic policy–the justification for the Proclamation—is a uniquely Congressional domain, and the Proclamation exceeds the President’s constitutional authority by rewriting existing law. On October 1, 2020, Judge White granted our request for a preliminary injunction. The Justice Department has appealed that decision to the Ninth Circuit for review.

Related Documents:
Motion for Preliminary Injunction  (July 31, 2020)
Complaint  (July 21, 2020)