Overnight immigration changes bypass public input requirements

timesofindia.indiatimes.com

Changes to immigration policy are expected to happen quickly due to a recent decision by Secretary of State Marco Rubio. This notice classifies immigration policies as "foreign-affairs functions." This means that they can now be changed without the usual public feedback process. The new classification allows the government to avoid the notice and comment rules set by the Administrative Procedure Act (APA). These rules usually allow the public to comment on proposed regulations for 30 to 60 days before they are finalized. Many experts worry this change could harm high-skilled immigrants, especially those from India. Legal experts are concerned that this decision enables the government to implement major immigration changes with little oversight. Previous administrations faced lawsuits when they did not follow the APA, suggesting that there could be legal challenges ahead. Immigration lawyers believe this could lead to stricter eligibility for work visas and cuts to programs that help international students. Attorneys are worried about the impact on H-1B visas and the work permits for spouses of H-1B visa holders. The changes could result in increased visa denials and tougher requirements for applicants. They also fear this reclassification may lead to inconsistent decisions by officials, causing confusion for visa applicants. There is a possibility that new immigration rules introduced without public input could be challenged in court. Experts say the courts will ultimately determine whether these changes can stand. There is uncertainty about how far the administration can go in changing immigration policy unilaterally and how the public and courts may respond.


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