Court Ruling Challenges Obama Immigration Action

Jackson

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Dec 31, 2010
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Court ruling challenges Obama immigration action


In a ruling that could short-circuit one of President Obama’s executive actions on immigration, a federal court has allowed U.S. tech workers to challenge extensions of foreign laborers’ status here.

The case of Washington Alliance of Technology Workers v. the U.S. Department of Homeland Security has “major implications” for the president’s ability to expand the number of work visas and the terms or durations of those visas, said Dale Wilcox, executive director of the Immigration Reform Law Institute.

The lawsuit was brought by attorney John Miano and IRLI on behalf of several displaced American workers.

Foreign students or recent graduates can use student F-1 visas to take jobs through OPT. Employers don’t have to pay them a prevailing wage, and they are exempt from Medicare and Social Security taxes, making OPT workers “inherently cheaper” than U.S. workers, the lawsuit argues.

Huvelle ruled that the IT plaintiffs with degrees in computer programming “were in direct and current competition with OPT students on a STEM extension. This competition resulted in concrete and particularized injury.”

Court ruling challenges Obama immigration action Watchdog.org

This should prove to be interesting. I can see this going to the SCOTUS. It will join the case on Obamacare.
 
And how many people does this affect? Oh right, jack-shit. TY.
Lol. Comprehension and facts don't come easy to you, do they?
So how many people does this affect? It's a very small program. Do you think a lot of farm workers and maids are going to be going to court to say their jobs are being taken when they already have those jobs? Hmmm?
 
And how many people does this affect? Oh right, jack-shit. TY.
Lol. Comprehension and facts don't come easy to you, do they?
So how many people does this affect? It's a very small program. Do you think a lot of farm workers and maids are going to be going to court to say their jobs are being taken when they already have those jobs? Hmmm?

If you had read it carefully, it said those with IT degrees.
 
And how many people does this affect? Oh right, jack-shit. TY.
Lol. Comprehension and facts don't come easy to you, do they?
So how many people does this affect? It's a very small program. Do you think a lot of farm workers and maids are going to be going to court to say their jobs are being taken when they already have those jobs? Hmmm?

If you had read it carefully, it said those with IT degrees.
So the people it affects are well beyond the educational level of most illegals. meaning it affects jack-shit. The highest number of people using the OPT that I could find was 30k, in a country of 310 million, and it's for a very limited duration. Yep, this is a major deal alright, or not.
 
Court ruling challenges Obama immigration action


In a ruling that could short-circuit one of President Obama’s executive actions on immigration, a federal court has allowed U.S. tech workers to challenge extensions of foreign laborers’ status here.

The case of Washington Alliance of Technology Workers v. the U.S. Department of Homeland Security has “major implications” for the president’s ability to expand the number of work visas and the terms or durations of those visas, said Dale Wilcox, executive director of the Immigration Reform Law Institute.

The lawsuit was brought by attorney John Miano and IRLI on behalf of several displaced American workers.

Foreign students or recent graduates can use student F-1 visas to take jobs through OPT. Employers don’t have to pay them a prevailing wage, and they are exempt from Medicare and Social Security taxes, making OPT workers “inherently cheaper” than U.S. workers, the lawsuit argues.

Huvelle ruled that the IT plaintiffs with degrees in computer programming “were in direct and current competition with OPT students on a STEM extension. This competition resulted in concrete and particularized injury.”

Court ruling challenges Obama immigration action Watchdog.org

This should prove to be interesting. I can see this going to the SCOTUS. It will join the case on Obamacare.
This is probably the most widely supported immigration issue by Republican in the House immigration bill. This provision would allow foreign students with visas with majors in science, technology, engineering, and mathematics to work in the US for 12 months following graduation with an optional extension of 17 months. Tech companies have been lobbying congress for years to get this into immigration law.

The argument that this provision would steal jobs from US students is silly. The organization that is suing issued a report stating "new analysis of millions of job postings found there were 5.7 million openings". They also reported that there was 2.5 entry level jobs for every candidate.


Report STEM Job Market Much Larger Than Previously Reported - US News
 
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