Judge blocks large parts of Trump’s temporary work visa ban

October 5, 2020

U.S. District Judge Jeffrey White of the Northern District of California temporarily lifted a visa ban on a large number of work permits on Thursday, October 1—undercutting a measure that the Trump Administration had promised would protect American jobs in a pandemic-decimated economy, The Boston Globe reports.

The jurist said his ruling applied to members of organizations that sued the Administration—the U.S. Chamber of Commerce; National Association of Manufacturers; National Retail Federation; TechNet, a technology industry group; and Intrax, which sponsors cultural exchanges.

Paul Hughes, an attorney for the associations, said the U.S. Chamber of Commerce alone has “more than 300,000 members of all shapes and sizes across the United States,” according to the Globe.

White, ruling in Oakland, California, said his order didn’t extend beyond those groups but noted that they comprise “hundreds of thousands of American businesses of all sizes from a cross-section of economic sectors,” including Microsoft  and Amazon.

The injunction, which lifts the ban while the case is being litigated, is at least a temporary setback for the Administration’s efforts to limit legal immigration during the coronavirus outbreak.

White, an appointee of President George W. Bush, said President Donald Trump likely acted outside bounds of his authority.

The judge wrote “there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative.”

The ban, which took effect in June and is scheduled to last until the end of this year, applies to:

  • H-1B visas, which are widely used by major American and Indian technology companies;
  • H-2B visas for nonagricultural seasonal workers;
  • J visas for cultural exchanges; and
  • L visas for managers and other key employees of multinational corporations.

It was the second time in three days that White had blocked a significant change on immigration. On Tuesday, he halted major fee increases for citizenship and other benefits three days before they were to take effect.

The Homeland Security and Justice departments did not immediately respond to requests for comments Thursday night, the Globe said..

The National Association of Manufacturers said the ruling will help with “crucial, hard-to-fill jobs to support economic recovery, growth and innovation when we most need it.”

“Today’s decision is a temporary win for manufacturers committed to building that innovation in the United States,” said Linda Kelly, the group’s senior vice president and general counsel. “A long-term win for manufacturers requires policymakers to support meaningful reforms to our immigration laws that recognize the critical link between smart immigration policy and America’s competitive advantage.”

Research contact: @BostonGlobe

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