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

The Department of Justice granted DOGE access to confidential immigration information.

By 7070266136 • April 25, 2025
According to documents reviewed by The Washington Post , the Department of Justice (DOJ) recently authorized access for approximately six advisors from the Department of Government Efficiency (DOGE) to the ECAS system—a highly confidential database that contains detailed information on millions of immigrants, including names, addresses, medical histories, and court testimonies. This system, typically restricted to attorneys and federal investigators, holds records of all interactions—both legal and undocumented—between immigrants and the U.S. government dating back to the 1990s. Among the DOGE advisors granted access are individuals connected to Elon Musk, including employees from his private equity firm. One of them, Marko Elez, has previously been linked to racist social media posts. This access was granted despite a federal judge in Maryland issuing a temporary restraining order in February of this year against the Department of Education and the Office of Personnel Management (OPM). In her opinion, the judge stated that the plaintiffs—which include members of several major labor unions—demonstrated that the Department of Education and the OPM "likely violated the Privacy Act by disclosing personal information to DOGE affiliates without consent," as reported by Telemundo40 a few months ago. The access is part of a broader effort by the Trump administration and DOGE to collect data from multiple federal agencies—including Medicare, the IRS, the SSA, and HUD—with the aim of ramping up deportations and excluding immigrants from social benefits. Some tactics reportedly include declaring living immigrants as deceased to pressure them into leaving the country. As The Washington Post reported after investigating the matter, "DOGE has frequently sought data originally provided for specific purposes—such as tax filing or housing assistance. The team's methods have alarmed legal and privacy experts, as well as federal employees, who note that the data DOGE is analyzing is typically accessible only to a select group of highly trained personnel." Legal and privacy experts have raised serious concerns over the lack of oversight and the risks posed by granting access to such sensitive data—especially for immigrants who have followed legal immigration procedures. If you are an immigrant or know someone at risk of deportation, contact us for assistance at 719-602-4477.

DHS sent an email to a citizen telling her she has 7 days to leave the country.

By 7070266136 • April 17, 2025
Recently, several cases have been reported in which the U.S. Department of Homeland Security (DHS) has sent communications to citizens and legal residents, urging them to leave the country or face potential legal action. Among the various cases, one that has drawn particular attention is that of Nicole Micheroni, an immigration attorney born in the U.S., who received an email from DHS dated April 11, informing her that she must leave the country within seven days. The message, titled "Notice of Parole Termination," stated that her parole had been revoked. Although DHS later suggested that the email may have been sent in error due to her email address being associated with clients, the situation reveals a concerning practice. This incident indicates that DHS may be sending intimidating mass emails intended to pressure recipients to leave the country. According to the website Nbcboston , “In a statement, a senior official from the Department of Homeland Security told NBC10 Boston that U.S. Customs and Border Protection (CBP) is issuing parole termination notices to individuals who do not have legal status to remain in the country, and that 'CBP used the known email addresses of the foreign nationals to send the notifications. If a non-personal email was provided—such as one belonging to a U.S. citizen—it’s possible that the notifications were sent to unintended recipients. CBP is monitoring the communications and will address any issues on a case-by-case basis.’” These actions reflect an escalation in immigration policies under the Trump administration, affecting not only immigrants but also U.S. citizens and legal residents. If you need legal assistance or additional information on immigration matters, contact us to schedule an appointment at (719) 602-4477.

ICE arrested an activist in Colorado

By 7070266136 • April 9, 2025
Jeanette Vizguerra, a prominent immigrant and labor rights activist in Colorado, was arrested by U.S. Immigration and Customs Enforcement (ICE). She is currently being held in an ICE facility in Aurora, Colorado, awaiting deportation to Mexico. ICE claims that Vizguerra entered the U.S. illegally from Mexico in 1997 and has a final deportation order. However, her legal team challenges the validity of this order, arguing that it was reinstated incorrectly and that she has received due process. A hearing is scheduled for March 28, 2025, in which U.S. District Judge Nina Wang will consider these arguments and decide on her potential release. This arrest is particularly significant, as Vizguerra’s case gained national attention during the previous Trump administration. She became known as an immigrant rights activist after, in 2017, to avoid deportation, she moved into a church basement with her three children. Later, she was named one of Time magazine’s 100 most influential people of 2017. On March 17, Vizguerra was arrested by ICE while on a break from her job at Target (a store that, by the way, has openly declared itself non-protective of immigrants). According to reports, during the arrest, officials told her, "We finally have you." This statement has been interpreted by many as a clear example of persecution toward activists. According to The New York Times, "Her detention has already sparked backlash from Colorado’s Democratic politicians and immigrant rights advocates, who accused the Trump administration of attempting to silence critics of its harsh immigration policies." The New York Times quoted Denver Mayor Mike Johnston, who condemned the arrest of Ms. Vizguerra as "a Putin-style persecution of political dissidents," which ensnared a working-class mother who had dedicated her life to helping other undocumented immigrants. “We don’t see this as immigration law enforcement,” he said in an interview. “This is about targeting political opponents and using the power of the government to punish them.” Colorado Democratic Senator Michael Bennet called Ms. Vizguerra a "pillar of her community" and urged U.S. Immigration and Customs Enforcement officials to release her. An ICE spokesperson confirmed her arrest to The Guardian, stating that Vizguerra was "arrested without incident" on Monday and would "remain in ICE custody pending her deportation from the United States." The spokesperson described Vizguerra as “a convicted criminal alien from Mexico who has a final deportation order issued by a federal immigration judge” and stated that she “illegally entered the United States near El Paso, Texas, on December 24, 1997, and has received due process in a U.S. immigration court.” However, on Tuesday, Vizguerra's attorneys filed a writ of habeas corpus with the court, urging ICE to bring Vizguerra before the court to determine if her detention is legal. “Vizguerra has fought her own deportation since 2009 while advocating for immigrant rights, labor protections, and family unity,” they stated in a release from the Colorado Immigrant Rights Coalition. In conclusion, this particular case draws attention not only because Vizguerra was arrested, but also because it is another concerning case related to activists being repressed for being openly against the policies of the Trump administration. At Pikes Peak Immigration, we continue to fight for immigrant rights. If you have any questions or need advice on immigration matters, don’t hesitate to contact us.
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