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Will the Supreme Court Re-Hear the Case Involving Legal Work Permits for 4.5 Million Workers?

Updated: Aug 1, 2022

July 18, 2016. The US Acting Solicitor General’s asked the Supreme Court to rehear United States v. Texas, a matter involving the preliminary injunction on the president’s DAPA and expanded DACA programs.

Work Permits Continue To Be Blocked

The Supreme Court had to issue this decision with only eight members on the Court. The Court deadlocked 4-4, which meant that the decision of the lower court to block work permits remains unchanged. The whole issue of the executive action in this case boils down to work permits for foreign workers: whether the workers already in the US will be allowed to be registered, screened, and apply for temporary work permits. About 4.5 million workers who are working in the US without documents and their US employers would be affected.

The Issue Deserves a Definitive Resolution by the US Supreme Court

This case concerns millions of people and their U.S. employers. It deserves a hearing where a definitive (not a 4-4) decision one way or the other can be made. As it stands now, because the court was deadlocked, there was not even an opinion outlining reasoning of the court. Instead, the court issued a one sentence decision basically saying, we are deadlocked, therefore, the lower court’s decision stands. The is no way to address our country’s pressing legal issues. It is the role of the Supreme Court to bring about definitive answers to complicated issues such as this one. From a business point of view, without a definitive decision, employers continue to be under the gun to comply with requirements of Immigration Reform and Control Act to hire workers legally, and are subject to civil and criminal penalties for violations while Congress does not provide any legal means to US employers to hire these available workers in the US legally. Employers are at risk of hiring workers with fake documents. Some employers outsource their production abroad to where the labor is because they are unable to hire workers in the US legally. The executive action would allow for work permits and relive US employers from unnecessary exposure to risk, as well as address outsourcing of the jobs that could be filled here with available workers.

Mira Mdivani, Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM 7007 College Blvd., # 460, Overland Park, KS 66211 USA Phone :: 913.317.6200 Email

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