Speaking Engagements | September 26, 2024

Immigration Law After Loper Bright Decision

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Image of an immigration visa and a passport on top of a map.
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Panelist: Danielle M. Rizzo

Anticipated Agency Impact, Ramifications for Attorneys and Clients

This CLE webinar featuring Danielle Rizzo will guide immigration attorneys through the recent notable U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine. The panel will address the significant anticipated impact these decisions will have on agency policies, decision-making, and litigation in the immigration context.

Description

A decision at the end of the recent U.S. Supreme Court term, Loper Bright Enterprises v. Raimondo, will have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules.

Loper Bright overruled the Chevron doctrine that, for 40 years, has provided the framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations. Under Chevron, courts would first ask whether Congress had “directly spoken to the precise question at issue” in the statute. If not, the courts were required to defer to the agency’s interpretation as long as it was reasonable. After Loper Bright, courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.

Listen as our expert panel discusses the Loper Bright decision and discusses the anticipated impacts on, and challenges to, immigration policies, procedures, and decision-making, as well as impacts for immigration attorneys and clients.

Outline

  1. Introduction: brief history of the Chevron doctrine 1984-2024
  2. Loper Bright Enterprises v. Raimondo
  3. Anticipated impact on agency adjudications, regulatory interpretations, and other agency actions
  4. Anticipated impact on litigation
  5. Client consequences
  6. Practitioner takeaways

Benefits

The panel will review these and other important issues:

  • Is the Loper Bright decision expected to lead to less uniformity in immigration law?
  • How will Loper Bright impact judicial review and interpretation of immigration statutes and policies?
  • What are the potential impacts of the decision on attorneys and clients?

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