Can the Supreme Court Save Business Immigration ?

The Trump Administration has directly and without equivocation attacked legal immigration sending U.S. employers and legal international workers into a state of uncertainty. For a nice summary, check out this recent article. In what can only be described as an ironic twist, Trump appointees to the Supreme Court, Gorsuch and Kavanaugh may soon come to the aid of legal immigration. Both justices, as well as most conservative leaning justices, generally take positions that Federal agencies may not contravene legislative acts of Congress by regulatory actions. Further, they generally hold that Federal agencies may not bypass the Administrative Procedures Act and govern by sub-regulatory actions such as memos, web-site updates, tweets, and unwritten policies. All of the above accurately describe how the Trump Administration has chosen to attack and curtail legal immigration particularly in the realm of H-1b visas. For a description of how the Supreme Court may indirectly take up the issue of business immigration, check out this article.

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