No. 22-1071

Washington Alliance of Technology Workers v. Department of Homeland Security, et al.

Lower Court: District of Columbia
Docketed: 2023-05-04
Status: Denied
Type: Paid
Amici (7) Experienced Counsel
Tags: 8-usc-1101 administrative-law department-of-homeland-security due-process employment-authorization immigration immigration-law immigration-procedure nonimmigrant-visas statutory-interpretation
Key Terms:
AdministrativeLaw Securities Immigration JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is admitted or do they persist and dictate the terms of a nonimmigrant's stay in the United States?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is admitted or do they persist and dictate the terms of a nonimmigrant’s stay in the United States? 2. When Congress has enacted a statutory scheme governing a class of aliens in the Immigration and Nationality Act, is the Department of Homeland Security’s power to extend employment authorization to that class of aliens through regulation limited to implementing the terms of that statutory scheme?

Docket Entries

2023-10-02
Petition DENIED.
2023-09-05
Reply of petitioner Washington Alliance of Technology Workers filed. (Distributed)
2023-08-23
DISTRIBUTED for Conference of 9/26/2023.
2023-08-04
Brief of respondents National Association of Manufacturers, et al. in opposition filed.
2023-08-04
Brief of respondents Department of Homeland Security, et al. in opposition filed.
2023-06-28
Motion to extend the time to file a response is granted and the time is further extended to and including August 4, 2023, for all respondents.
2023-06-26
Motion of respondents National Association of Manufacturers, et al. to extend the time to file a response from July 5, 2023 to August 4, 2023, submitted to The Clerk.
2023-06-05
2023-06-05
2023-06-05
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
2023-06-02
2023-06-02
Brief amici curiae of 31 Members of the United States House of Representatives filed.
2023-06-01
2023-05-31
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023, for all respondents.
2023-05-30
Motion of respondents National Association of Manufacturers, et al. to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
2023-05-30
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
2023-05-26
Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
2023-05-11
2023-05-01

Attorneys

31 Members of the United States House of Representatives
Joseph Benjamin EdlowThe Law Offices of Joseph Edlow LLC, Amicus
Joseph Benjamin EdlowThe Law Offices of Joseph Edlow LLC, Amicus
Atlantic Legal Foundation
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Center for Immigration Studies
Julie B. AxelrodCenter for Immigration Studies, Amicus
Julie B. AxelrodCenter for Immigration Studies, Amicus
Eagle Forum Education & Legal Defense Fund
Andrew L. Schlafly — Amicus
Andrew L. Schlafly — Amicus
Kansas and 10 Other States
Anthony John PowellOffice of the Kansas Attomey General, Amicus
Anthony John PowellOffice of the Kansas Attomey General, Amicus
Landmark Legal Foundation
Michael James O'NeillLandmark Legal Foundation, Amicus
Michael James O'NeillLandmark Legal Foundation, Amicus
National Association of Manufacturers, the Chamber of Commerce of the United States of America, and the Information Technology Industry Council
Paul Whitfield HughesMcDermott Will & Emery, Respondent
Paul Whitfield HughesMcDermott Will & Emery, Respondent
U.S. Senators Ted Cruz, Mike Lee, Tom Cotton, Mike Braun & Katie Boyd Britt
R. Trent McCotterBoyden Gray & Associates PLLC, Amicus
R. Trent McCotterBoyden Gray & Associates PLLC, Amicus
United States Department of Homeland Security, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Washington Alliance of Technology Workers
John Michael MianoImmigration Reform Law Institute, Petitioner
John Michael MianoImmigration Reform Law Institute, Petitioner