AILA President: SCOTUS Overturning “Chevron” Doctrine Will Impact Immigration Cases

Washington, DC – In a 6-3 decision in the Loper Bright and Relentless cases, the Supreme Court of the United States (SCOTUS) overturned the longstanding “Chevron” doctrine, meaning that, from now on, federal courts may not routinely defer to federal agencies’ decisions and regulations. Kelli Stump, President of the American Immigration Lawyers Association (AILA) responded as follows:

“The Loper Bright and Relentless cases had nothing to do with immigration law and policy, but SCOTUS overturning the longstanding Chevron doctrine will have a significant impact on many immigration adjudications. This now means that an agency’s interpretation of the INA doesn’t automatically prevail, which could level the playing field for immigrants and their families and employers. In removal cases, those seeking review of immigration judges’ or Board of Immigration Appeals decisions should now have more opportunity to do so. Employers seeking to obtain a favorable interpretation of a statute granting H-1B or L visa classification to a noncitizen worker may also benefit. We note possible negative consequences as well, as the decision has severely handicapped the executive branch’s power to modernize our immigration system through policy updates or regulations. Valuable immigration benefits created by regulations may be threatened if not clearly based on statutory language. With this ruling, SCOTUS is punting the rule making process back to Congress. We hope Congress takes the initiative to come together in a bipartisan fashion to legislate sensible solutions that make our immigration system reflective of our modern-day realities.”