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Legal Challenges Mounted Against New DOL and DHS Rules

The U.S. Chamber of Commerce, the National Association of Manufacturers, numerous universities and other groups are challenging two new immigration regulations that were promulgated on a fast track by the Departments of Labor (DOL) and Homeland Security (DHS) in recent days. The plaintiffs in three federal lawsuits assert that DOL and DHS did not properly follow federal procedure when they published the regulations without providing advance notice or an opportunity for the public to provide feedback. The lawsuits also charge that the rules are arbitrary and capricious and that the DOL rule improperly relied on incorrect data and faulty reasoning to justify the changes made to the prevailing wage structure. 

The plaintiffs in each case are seeking temporary injunctive relief to block enforcement of the rules while litigation goes forward.

The lawsuits are Chamber of Commerce et al. v. DHS et al., Case No. 20-CV-7331 (N.D. Ca., October 19, 2020), which challenges both the DOL and DHS rules, and Purdue, et al. v. Scalia, Case No. 1:20-CV-03006 (D.D.C., October 19, 2020) and ITServe Alliance Inc., et al. v. Scalia, Case No. 2:20-CV-14604 (D.N.J., October 16, 2020), which focus specifically on the DOL rule. 

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