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In its decision issued June 28, 2024, on the case of Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the Chevron doctrine, a 40-year old precedent that had dictated how courts should interpret federal agency decisions and regulations. Possible key changes include:

  • Reduced Deference from the Courts to Federal Agencies – courts may be less likely to defer and may instead exercise their own independent judgment in interpreting immigration laws.
  • Increased Challenges to Agency Decisions – Immigrants and their advocates may find new avenues to challenge unfavorable agency decisions and interpretations of immigration laws that were previously protected by Chevron deference.
  • Potential for Inconsistency – While courts may strive for consistency in their interpretations of immigration laws, the possibility of different rulings across different jurisdictions could introduce greater uncertainty into immigration law.
Supreme Court Overturns Chevron Doctrine, what this Means for US Immigration

In its decision issued June 28, 2024, on the case of Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the Chevron doctrine, a 40-year old precedent that had dictated how courts should interpret federal agency decisions and regulations. Possible key changes include:

  • Reduced Deference from the Courts to Federal Agencies – courts may be less likely to defer and may instead exercise their own independent judgment in interpreting immigration laws.
  • Increased Challenges to Agency Decisions – Immigrants and their advocates may find new avenues to challenge unfavorable agency decisions and interpretations of immigration laws that were previously protected by Chevron deference.
  • Potential for Inconsistency – While courts may strive for consistency in their interpretations of immigration laws, the possibility of different rulings across different jurisdictions could introduce greater uncertainty into immigration law.
About the Author
Christina Wallace brings over 27 years of experience to the practice of immigration law. Her concentration in business immigration entails solving complex immigration problems for business clients ranging from Fortune 500 to smaller companies.
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