IRLI Files Comment Regarding DHS Arbitrary and Unlawful Proposed Rule
(October 19, 2016 — Washington, D.C.) — In a public comment filed on Monday, October 17, in response to the U.S. Citizenship and Immigration Service’s (USCIS) Notice of Propose Rulemaking (NPRM), the Immigration Reform Law Institute (IRLI) slammed as arbitrary and unlawful a USCIS proposal to allow alien “entrepreneurs” seeking to work in the U.S. to enter without visas, circumventing the nation’s immigration law that imposes numerical caps and other quality control standards on employment-based permanent and temporary immigration.
IRLI found the Obama Administration’s proposed regulations to be unlawful under federal immigration law and the Administrative Procedure Act, which protects the public against executive actions that have not been authorized by Congress. In its comment, IRLI made seven objections to the proposed International Entrepreneur Parole rule. “IRLI respectfully submits that DHS lacks the authority to parole unadmitted ‘entrepreneurs’ and their spouses into the United States for employment by United States entities,” the 23-page IRLI analysis concludes.
“Our existing law regulates both work-based and investment-based immigration to protect Americans jobs and working conditions, and prevent investment schemes that are fraudulent or promote outsourcing U.S. technology and infrastructure,” said Dale L. Wilcox, IRLI Executive Director. The entrepreneur parole rule is deceptively named and is yet another example of this Administration’s relentless campaign of executive action in favor of massive use of cheap and exploitable foreign labor in the U.S. economy.”
The NPRM was published in the Federal Register on August 31, 2016. See International Entrepreneur Rule, DHS Docket No. USCIS-2015-0006, 81 Fed. Reg. 60130-68.
IRLI’s public comment is available here.