This Issue: Federal appellate courts rule on both DACA and OPT

Fri, Oct. 7^th

Two separate federal district courts issued rulings this week impacting the future of the DACA executive amnesty for illegal aliens who were brought to the country under the age of 16 and the Optional Practical Training (OPT) program that allows foreign students to stay and work in the United States after graduating from a U.S. college.

The Fifth Circuit Court of Appeals upheld the stay placed on DACA by Texas federal judge Andrew Hanen. The stay prevents the Biden Administration from processing new DACA applications, but allows it to continue processing renewals for the approximately 600,000 DACA amnesty recipients.

The court did side with the lower court's ruling that DACA is unlawful:

DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits. Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them. We agree with the district court's reasoning and its conclusions that the DACA Memorandum contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization. DACA fails at step one of Chevron.

However, it stopped short of ending DACA altogether and instead sent it back to the lower court for review. This is because the Biden Administration published a final rule on DACA back in August that is set to take effect on October 31. The new rule expands and doubles down on DACA and fails to address the concerns raised by the courts, so we're hopeful that the lower court will also strike down the rule.

D.C. court rules OPT is legal

The D.C. Circuit Court of Appeals ruled against a coalition of tech workers who are pushing to end the Optional Practical Training program.

The program allows federal students who graduate from a U.S. institution of higher learning to stay and work in the country upon graduation for a set period of time. It's often used as a stepping stone for foreign STEM graduates to an H-1B visa.

OPT undercuts American workers, particularly recent college graduates with degrees in STEM. Since OPT workers are in the U.S. on an F-1 student visa, employers are not required to pay the 7.65% payroll tax, making OPT workers cheaper than American workers. Further, the OPT worker must remain with the employer or risk losing legal status.

The tech workers claimed that OPT is illegal because its current version was created by the executive branch during the second Bush Administration and has not been authorized by Congress. The D.C.-based court ruled that its legal because Congress did not specifically forbid it.

You can read our legal analyst Jared Culver's take on the ruling here. We've also posted new actions on your Action Board, urging your Members of Congress to terminate OPT.

Chris Chmielenski
NumbersUSA Deputy Director

Aurora (CO) Sentinel -- NumbersUSA Science Director Leon Kolankiewicz wrote an op-ed discussing our Colorado Sprawl Study.

Colorado's population has surged by 2.5 million people in the past four decades -- an 83% jump. And it's on track to increase another 1.8 million by 2050. Many Coloradans are none too happy about this rapid growth. ...

Coloradans broadly dislike this sprawl. In fact, 61% of voters think the state has already developed too much, according to a new poll conducted by Rasmussen and sponsored by NumbersUSA. The same percentage feel that this growth has made Colorado a worse place to live.

Washington Times -- NumbersUSA was mentioned in a story regarding our support for legislation that would require cooperation between ICE and local law enforcement.

Rep. Michael Cloud is announcing new legislation Tuesday that would require ICE to improve cooperation with state and local police departments, pushing back on the Biden administration's embrace of immigration sanctuaries. ...

Mr. Cloud's bill has the backing of NumbersUSA and the Federation for American Immigration Reform, two groups that back stricter immigration enforcement.

Fifth Circuit: DACA is Unlawful, Allows Renewals but No New Applicants

Thu, Oct. 6^th

The Fifth Circuit Court of Appeals ruled Wednesday that the Deferred Action for Childhood Arrivals (DACA) deportation amnesty is unlawful. However, the court did agree to preserve the program for existing recipients.

D.C. Circuit Requires American Workers to Suffer in Silence

JARED CULVER

Wed, Oct. 5^th

The D.C. Circuit Court of Appeals rejected the appeal of U.S. tech workers desperate for a fighting chance for a job today in the latest chapter of a 14-year lawsuit. The workers challenged the power of the Federal government to allow foreign students in the United States to work, while being exempt from Social Security and Medicare taxes, after they graduate from a U.S. university.

Student Visa Holder Convicted of Spying for China Before Joining U.S. Army

Tue, Oct. 4^th

According to the findings of a federal jury in Chicago, a Chinese national who legally entered the United States on an F-1 student visa has been convicted of spying for China before attempting to enlist in the U.S. Army.

Manchin is correct: The border is not secure. Here is what he can, and should do to fix immigration

Christy Shaw

Tue, Oct. 4^th

Senator Joe Manchin of West Virginia was right to say Vice President Kamala Harris was dead wrong when she farcically said that the U.S. southern border was secure. But Manchins amnesty-first approach wont solve anything. There is plenty of legislation he can back if he really wants a secure border.

El Paso Officials Steer Clear of the Obvious

Lisa Irving

Mon, Oct. 3^rd

Democratic-led El Paso has faced the turmoil of the record border crisis by busing migrants out of the city, while officials have steered clear of bringing up the obvious - the lack of border security and asylum application abuse that are driving the staggering numbers of crossings and wreaking havoc on city resources.