The repercussions in immigration cases following the fall of the Chevron Doctrine

July 5, 2024
The word justice is on the front of a building

Firstly, for context, as explained by the Cornell Law School website, «The ‘Chevron deference’ refers to the doctrine of judicial deference granted to administrative action. It was coined after a landmark case, Chevron USA, Inc. v. Natural Resources Defense Council, Inc. (1984). In Chevron, the Supreme Court established a legal test for when courts should defer to the agency’s response or interpretation, holding that such judicial deference is appropriate when the agency’s response was not unreasonable, provided that Congress had not directly addressed the specific issue in question.»

Recently, the latest news on this matter is that «the United States Supreme Court (SCOTUS) overturned the long-standing ‘Chevron’ doctrine, meaning that federal courts can no longer routinely defer to federal agency decisions and regulations.»

Regarding the issue of immigration, it is important to cite recent statements from Kelli Stump, President of the American Immigration Lawyers Association (AILA):

«The Loper Bright and Relentless cases had nothing to do with immigration law and policy, but the Supreme Court’s overturning of the longstanding Chevron doctrine will have a significant impact on many immigration decisions. This means that now the agency’s interpretation of the INA does not automatically prevail, which could level the playing field for immigrants, their families, and employers. In deportation cases, those seeking review of decisions from immigration judges or the Board of Immigration Appeals should now have more opportunities to do so. Employers seeking a favorable interpretation of a statute granting H-1B or L visa classification to a non-citizen worker may also benefit. We also note potential negative consequences, as the decision has severely limited the executive branch’s power to modernize our immigration system through policy updates or regulations. The valuable immigration benefits created by regulations could be threatened if they are not clearly based on statutory language. With this ruling, the Supreme Court is returning the rule-making process to Congress.»

In summary, the change could significantly impact how immigration cases are decided. For example:

  • Immigration Benefits : Programs like DACA (Deferred Action for Childhood Arrivals) that rely on agency discretion might face more challenges.
  • Removal Cases : Those seeking to avoid deportation might find it easier to challenge decisions if courts no longer defer to the BIA (Board of Immigration Appeals).
  • Employer Visas : Companies sponsoring workers under H-1B or L visas might see more legal hurdles if agency decisions are more frequently contested.

Overturning Chevron could lead to more judicial involvement in interpreting immigration laws, less predictability, and potentially more legal challenges. It would shift the balance of power from agencies to courts, changing how immigration policies are applied and interpreted.   

At Pikes Peak Immigration , we will closely monitor this and all changes that impact immigration cases, both positively and negatively.

If you have any questions or need to start an immigration process, please contact us at 719-602-4477.

 

The repercussions in immigration cases following the fall of the Chevron Doctrine
February 19, 2025
As part of the measures taken by the administration of Donald Trump, and as explained in an article published on WLRN.COM, the 2011 policy limiting the actions of immigration agents in "sensitive areas," such as churches, hospitals, and schools, was revoked. This decision was part of Trump’s campaign promises to tighten policies against undocumented immigrants. However, despite the policy change, immigration authorities can only access public areas of hospitals without a court order, while entry into private areas requires a warrant. WLRN.COM mentions in its article that hospitals in South Florida, such as those operated by HCA Healthcare and Jackson Health System, continue to comply with federal regulations that require emergency medical care to be provided to all individuals, regardless of their immigration status. "We provide care to all patients who come to our facilities in accordance with the Emergency Medical Treatment and Labor Act (EMTALA)," said a spokesperson for HCA Healthcare's East Florida division, which operates 14 hospitals in South Florida. EMTALA is a federal regulation that mandates hospitals to provide emergency medical services to anyone, regardless of their ability to pay, including undocumented immigrants. WLRN.COM recently interviewed Paul Chavez, director of litigation for Americans for Immigrant Justice, who stated, "Often, ICE shows up at locations with a notice stating that a search warrant is required. This does not give them any authority to search what would otherwise be private areas. Therefore, the designated person must be very careful to ensure that what they see is a real search warrant," he said. This is a brief overview of the daily challenges immigrants and the institutions that serve them face to ensure their rights are not denied. In contrast, while immigrant advocates carefully study each situation to ensure due process, efforts and intentions to make the path increasingly difficult for those living in the country illegally persist. In the state of Florida, Governor Ron DeSantis and legislators are working hard to implement new projects and enforce those already in place. Among these projects are proposals such as making it a state crime to enter Florida without legal authorization. Another measure supported by DeSantis would require the preventive detention of individuals who are in the country without legal authorization and are accused of serious crimes. New powers would allow Florida police to interrogate and arrest suspected undocumented immigrants. Similarly, the proposed bill would increase criminal penalties for undocumented immigrants who commit crimes and establish the death penalty for those convicted of capital offenses. The measure would also repeal a state law that allows Florida students who lack legal immigration status to qualify for in-state tuition at public colleges and universities. As evident, defending immigrants, especially those who are undocumented, has become an even greater challenge since Trump took office. However, at PIKES PEAK IMMIGRATION , we continue working diligently to keep families united.
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