WA Alliance of Tech. Workers v. DHS

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 3, 2021 Decided October 4, 2022 No. 21-5028 WASHINGTON ALLIANCE OF TECHNOLOGY WORKERS, APPELLANT v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:16-cv-01170) John M. Miano argued the cause and filed the briefs for appellant. Dale L. Wilcox entered an appearance. Julie Axelrod and Richard P. Hutchison were on the brief for amici curiae Landmark Legal Foundation, et al. in support of appellant. Joshua S. Press, Senior Litigation Counsel, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton, Acting Assistant Attorney General, and Glenn M. Girdharry, Assistant Director. 2 Paul W. Hughes argued the cause for intervenor appellees. With him on the brief were Andrew A. Lyons-Berg, Daryl Joseffer, Paul Lettow, and Jason Oxman. Leslie K. Dellon was on the brief for amici curiae American Immigration Council and American Immigration Lawyers Association in support of appellees. Sean H. Donahue, Andrew D. Silverman, and Elizabeth R. Cruikshank were on the brief for amici curiae FWD.us, et al. in support of appellees. Ishan K. Bhabha was on the brief for amicus curiae The President’s Alliance on Higher Education and Immigration in support of appellees. Megan C. Gibson was on the brief for amicus curiae Niskanen Center in support of appellees. Ciara W. Malone entered an appearance. Before: HENDERSON, TATEL, * and PILLARD, Circuit Judges. Opinion for the Court filed by Circuit Judge PILLARD. Opinion concurring in part and dissenting in part by Circuit Judge Henderson. PILLARD, Circuit Judge: Since before Congress enacted the Immigration and Nationality Act of 1952 (INA), the Executive Branch under every President from Harry S. Truman onward has interpreted enduring provisions of the immigration * Judge Tatel assumed senior status after this case was argued and before the date of this opinion. 3 laws to permit foreign visitors on student visas to complement their classroom studies with a limited period of post- coursework Optional Practical Training (OPT). A 1947 Rule allowed foreign students “admitted temporarily to the United States . . . for the purpose of pursuing a definite course of study” to remain here for up to eighteen months following completion of coursework for “employment for practical training” as required or recommended by their school. That program has persisted and been continually updated across the ensuing seventy years. Today, over one million international students come to the United States each year on student visas, and over one hundred thousand of them complete a period of practical training. See U.S. Immigration and Customs Enforcement: Student and Visitor Exchange Program, 2021 SEVIS By the Numbers Report 2, 4-5 (April 6, 2022). The current Department of Homeland Security (DHS) OPT Rule authorizes up to one year of post-graduation on-the-job practical training directly related to the student’s academic concentration, with up to 24 additional months for students in science, technology, engineering and mathematics (STEM) …

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