International
Overturning the Chevron Doctrine could affect US Immigration:
The removal of Chevron Doctrine is likely to have profound effects on U.S. immigration law. Agencies like the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) rely on their expertise to interpret and enforce complex immigration statutes. The State Department’s Consulates worldwide using their Foreign Affairs Manual dealing with immigration, the Board of Immigration Appeals, and the Executive Office for Immigration Review involving immigration courts all rely on the predictability of the administrative legal framework that developed over the last 40 years because of the Chevron Doctrine. Without Chevron, the interpretations of ambiguous immigration laws by these agencies will be subject to greater judicial scrutiny which may mean delays and more unpredictability. It could also lead to inconsistent rulings and increased litigation. And all that could further complicate the already complex and contentious field of immigration law, impacting everything from visa regulations to deportation proceedings. To provide just one immediate example, this ruling may complicate the outcome of a pending IIUSA lawsuit seeking to change a key investor immigration EB-5 policy dealing with what is known in the EB-5 industry as the “sustainment period.”
