Important Developments

Courts no longer have to give Deference to Agency decisions including those of USCIS, Immigration Court, BIA, ICE, CBP, DOS, DOL and others:

On June 28, 2024, the Supreme Court issued its decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., (Case Number 22-451) overruling a fundamental precedent of administrative law: Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron had required courts to defer to agencies when interpreting ambiguous statutes. With Chevron discarded, courts will now be free to impose what they view as the best reading of statutes. This is a sea-change in U.S. administrative law that could lead to many U.S. district courts overturning U.S. Citizenship and Immigration Services (“USCIS”) and other agency denials of benefit applications and petitions

DHS issued a final rule increasing the amount of certain civil penalties for inflation. Among the penalties affected are penalties for document fraud, penalties assessed by ICE against employers for violations of the INA, and penalties assessed by CBP for violations of the INA. 

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