DHS Must Issue New F-1 OPT Rule
The U.S. District Court for the District of Columbia ruled against the U.S. Department of Homeland Security (DHS) in Washington Alliance of Technology Workers v. USDHS. The Immigration Reform Law Institute (IRLI) brought the case to court on behalf of American technology workers who felt displaced by foreign STEM students studying and working on F-1 visas and OPT extensions.
The Optional Practical Training (OPT) program is a decades-long initiative that allows F-1 students and recent graduates the opportunity to extend their F-1 status for up to one year past its expiration in order to gain on-the-job training in the United States. In response to the financial crisis in 2008, DHS rushed to implement a 17-month OPT extension for STEM students and workers.
Last month, the U.S. District Court for the District of Columbia vacated the 17-month STEM extension; not because of the extension itself, but because DHS failed to comply with the Administrative Procedures Act (APA) which mandates a public notice and comment process for new policies. Judge Ellen Segal Huvelle remanded the matter back to DHS, allowing time to issue a new rule with the proper notice and comment process. DHS has until February 12, 2016 to finalize the new rule. Observers are speculating that the new rule will incorporate changes the President is considering as part of his proposed executive actions.
Settlement Reached in Warrantless Raid Case
In 2010, armed immigration officers and Nashville authorities raided an apartment complex mostly inhabited by Latino residents. ICE and MNPD (Metropolitan Nashville Police Department) officers allegedly entered and searched immigrants’ apartments without consent, warrants, or any reasonable suspicion or probable cause to believe the residents had engaged in criminal activity. In some cases, officers allegedly shouted racial slurs and held guns to residents’ heads. Officers found nothing during the raid and did not charge any of the residents with criminal violations.
The plaintiffs, composed of both U.S citizens and noncitizens, eventually reached a settlement with ICE and MNPD. ICE and MNPD have agreed to pay a total of $310,000 in settlement; additionally, ICE will grant the noncitizen plaintiffs each seven years of deferred action status.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.