Donald Trump’s effusive remarks on jobs contradict the rationale for new restrictions on H-1B visas and Optional Practical Training.
that suspended the entry of most new immigrants. The Trump administration has used Section 212 more than any other president, and in ways critics say go beyond the statute.
“Section 212 is all about emergency powers,” said Wasden in an interview. “If the outlook for the future of the economy is so positive and robust, as stated in the president’s remarks, then there is no emergency on the horizon that we need to be protected from by using the powers under 212.” William Stock of Klasko Immigration Law Partners also believes the administration may be overplaying its hand in the use of Section 212. “One question a court will have to answer in current challenges to the April 22,
2020, proclamation limiting the immigration of family members, and to any expansion to temporary visa holders, is whether delegating the president the power to nullify the remainder of the Immigration and Nationality Act is constitutional,” said Stock in an interview. “In reviewing the third version of the president’s first travel ban, the Supreme Court took pains to emphasize the extreme deference to presidential determinations of potential ‘detrimental’ entry that were embodied in Section 212.
Stock and George Mason University law professor Ilya Somin believe judges need to address whether in giving the president the power to rewrite immigration law unilaterally Congress violated the, which limits how much Congress can delegate its powers to the executive.
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