Ending Chevron Deference Will Make It Easier To Challenge Immigration Denials

On January 17, 2024, the US Supreme Court will hear oral arguments in 2 cases where the Chevron Deference Doctrine is a key issue:

1. Relentless, Inc. v. Department of Commerce
2. Loper Bright Enterprises v. Raimondo

The Justices will consider whether to overrule the Court’s 1984 precedent in Chevron v. Natural Resources Defense Council.  There, the Court held that when a federal statute is ambiguous, federal courts should defer to the agency’s interpretation of the law if the interpretation is “reasonable”.

While overturning, or limiting, the Chevron Deference Doctrine will have negative consequences in some areas, it would revolutionize the ability of persons to challenge immigration denials by federal agencies (including USCIS, ICE, CBP, EOIR, etc.) based on restrictive interpretations of U.S. immigration laws.

Let me provide you with an example of an immigration matter which has divided thousands of children from their parents due to Chevron deference.

Immigration laws are designed to keep families together.  If a person is sponsored for a green card, the person’s spouse and children are generally permitted to adjust their status or obtain their immigrant visas together with the principal applicant.

However, once a child reaches the age of 21, the law states that he/she has “aged-out” and cannot immigrate together with the rest of the family.

To remedy this situation, in 2002, Congress passed and the President signed into law the Child Status Protection Act (CSPA) in order to prevent families from becoming separated due to long waiting times in many family-based and employment-based preference categories.

CSPA provides a formula which allows a child to subtract the time that the I-130 or I-140 visa petition was pending from his age when his priority date becomes current.

However, many children still "age-out” despite this formula.

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.