November 8, 2019
Appellate court recognizes American tech workers’ standing to sue
WASHINGTON – Today, the D.C. Circuit Court of Appeals reversed a lower federal court ruling that displaced American tech workers lacked standing to challenge Department of Homeland Security (DHS) regulations authorizing alien employment in the United States.
In this case, the Immigration Reform Law Institute (IRLI) represents Save Jobs USA, which is made up of former employees of Southern California Edison. That public utility drew bipartisan criticism in Congress when it displaced 500 of its American employees after forcing them to train their cheaper foreign replacements.
As spelled out in federal law, the H-4 visa allows the spouses of H-1B guestworkers to “accompany” the alien to or “join” the alien in the United States. Under the Obama Administration, DHS added to the law governing the H-4 visa by allowing H-4 spouses to work in the United States. Since many of these foreign tech-workers’ spouses are tech workers themselves, Save Jobs USA filed a lawsuit in the U.S. District Court for the District of Columbia that challenged DHS’s authority to issue these work authorizations.
The district court held that Save Jobs USA lacked standing to bring the lawsuit because it did not suffer an injury from the employment of their H-1B competitors. Today, however, the D.C. Circuit, in reaffirming the “competitor standing doctrine,” held that Save Jobs USA did suffer injury from the regulation and had standing to sue.
The case will now return to the district court for a decision on whether DHS has the authority to permit H-4 spouses to work.
“The media has largely ignored the problem of DHS creating guestworker programs through regulation,” said John M. Miano, counsel for IRLI. “The Constitution gives Congress authority over the immigration system, but more labor now enters the U.S. job market through regulation than under laws passed by Congress.”
“The Save Jobs USA case has major implications for the immigration system,” said Dale L. Wilcox, executive director and general counsel of IRLI. “If the courts hold that DHS does have the authority it claims to permit alien employment through regulation, it can continue to wipe out the protections for American workers that Congress has enacted. We are pleased by the court’s decision on standing, and will press forward to get this unlawful foreign workers’ program overturned.”
The case is Save Jobs USA v. U.S. Department of Homeland Security, No. 16-5287 (D.C. Cir.).
For additional information, contact: Brian Lonergan • 202-232-5590 • [email protected]
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