Immigration Proponents Get Boost From End to Chevron Doctrine

Attorneys expect level playing field to challenge visa denials Impact on broad employment eligibility programs still unclear In Focus: Chevron, Loper & Agency Deference (Bloomberg Law subscription) The US Supreme Court’s decision curtailing federal agencies’ leeway to interpret ambiguous laws will benefit many immigrants and businesses stymied in efforts to obtain employment-based visas and green cards, immigration lawyers said. The justices’ elimination of the Chevron doctrine has been a long-term goal of conservatives aiming to undermine the power of the federal bureaucracy. The full implications of the June 28 decision—which says courts don’t have to defer to an agency’s stance on unclear laws—will become more apparent as advocates and opponents file new litigation challenging regulations amid the altered legal regime. While scholars have said the ruling could hamstring efforts to address large-scale problems like pollution or consumer fraud, the dismantling of Chevron was welcomed by many in the immigration bar who see it as a win for immigrants and a potential hurdle for immigration restrictions. That’s because agencies like US Citizenship and Immigration Services have typically been given the benefit of the doubt by courts in defending challenges to visa denials, they said. “It’s going to be great for litigators in our space,” said Marty Robles-Avila, senior counsel at BAL Immigration Law. “It’s a net gain for non-citizens and those in the immigration community.” Still, others predict that there could be immigration “winners and losers” in a post-Chevron world, said Cyrus Mehta, managing partner of Cyrus D. Mehta & Partners PLLC. The decision could weaken the standing of large programs that are based on an agency interpretation of the Immigration and Nationality Act—like Deferred Action for Childhood Arrivals—when explicit authorization doesn’t exist in a federal statute, he said. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.