Court decision will allow guest worker spouses to get a job

A federal judge threw out a challenge to a key Obama immigration executive order that allows the spouses of guest workers to seek employment in the U.S., saying that it was "highly speculative" that the American workers challenging the rule would be injured. 

“Save Jobs does not explain how many IT jobs may be taken by H-4 visa holders, how many of those jobs its members may have sought themselves, what pay or benefits its members risk losing while the case is pending, or what other harm its members may face,” the judge wrote. “The court is left to speculate as to the magnitude of the injury, and speculation is not enough to turn economic loss into irreparable harm.”

The H-4 visa is given to dependents of H-1B visa holders, who are sought-after high-skilled workers.

Immigrant rights advocates have long sought the change, arguing that it’s unfair to restrict legal workers’ spouses from also getting jobs.

The Obama administration said allowing the spouses to work will help entice the best H-1B applicants from around the world.

Officials expect about 179,000 people to be eligible the first year, and 55,000 a year after that.

The issue of immigrants and work has become more controversial in recent months with reports that American tech firms are increasingly turning to H-1B workers as a cheaper alternative.

Employees of one California tech company testified to Congress earlier this year that they were laid off but were asked first to train their replacements, H-1B visa holders.

Save Jobs USA argued that the administration was going beyond its legal powers, similar to the arguments over Mr. Obama’s expanded deportation amnesty, and said the Homeland Security Department was ignoring the labor market, which can’t handle the extra workers.

But Judge Chutkan never reached the legal issues, saying that it wasn’t clear whether the workers or the administration had the better of that argument — but that it wasn’t necessary to even decide that issue since the plaintiffs couldn’t show they would directly be competing with the H-4 visa holders.

The judge's standard of proof of injury is ludicrous.  Of course the plaintiffs have no idea how many jobs will be affected – they're not soothsayers.  Further, the judge thinks "economic loss" doesn't lead to "irreparable harm" – a dubious notion, considering what the loss of a job can mean to a family.

On another front, a bipartisan group of senators is asking DHS to investigate whether the guest worker program is leading to layoffs of native-born workers.  So far, Homeland Security has refused to look into the matter.

“At this point it would be premature for USCIS to speculate as to whether Southern California Edison’s participation in the H-1B program has violated laws,” Mr. Rodriguez wrote. “If facts come to our attention that indicate violations have occurred, USCIS will take appropriate action to maintain the integrity of our programs.”

Sen. Jeff Sessions, Alabama Republican, and Sen. Richard J. Durbin, Illinois Democrat, were not pleased with the brushoff.

“We did not ask for speculation; we asked for an investigation,” they said in a joint statement.

Yeah, well, good luck with that, guys.  Anything that reflects badly on the president's immigration executive orders has as much chance of being investigated as Hillary Clinton's e-mails.

By hook or by crook, the Obama administration is going to transform the workforce in America to reflect their extreme ideological notions of race, class, and culture.  Hi-tech workers born and educated in America are to be thrown under the bus in this effort.  The companies that are hiring these guest workers at the expense of American citizens should be charged for their illegal actions.

A federal judge threw out a challenge to a key Obama immigration executive order that allows the spouses of guest workers to seek employment in the U.S., saying that it was "highly speculative" that the American workers challenging the rule would be injured. 

“Save Jobs does not explain how many IT jobs may be taken by H-4 visa holders, how many of those jobs its members may have sought themselves, what pay or benefits its members risk losing while the case is pending, or what other harm its members may face,” the judge wrote. “The court is left to speculate as to the magnitude of the injury, and speculation is not enough to turn economic loss into irreparable harm.”

The H-4 visa is given to dependents of H-1B visa holders, who are sought-after high-skilled workers.

Immigrant rights advocates have long sought the change, arguing that it’s unfair to restrict legal workers’ spouses from also getting jobs.

The Obama administration said allowing the spouses to work will help entice the best H-1B applicants from around the world.

Officials expect about 179,000 people to be eligible the first year, and 55,000 a year after that.

The issue of immigrants and work has become more controversial in recent months with reports that American tech firms are increasingly turning to H-1B workers as a cheaper alternative.

Employees of one California tech company testified to Congress earlier this year that they were laid off but were asked first to train their replacements, H-1B visa holders.

Save Jobs USA argued that the administration was going beyond its legal powers, similar to the arguments over Mr. Obama’s expanded deportation amnesty, and said the Homeland Security Department was ignoring the labor market, which can’t handle the extra workers.

But Judge Chutkan never reached the legal issues, saying that it wasn’t clear whether the workers or the administration had the better of that argument — but that it wasn’t necessary to even decide that issue since the plaintiffs couldn’t show they would directly be competing with the H-4 visa holders.

The judge's standard of proof of injury is ludicrous.  Of course the plaintiffs have no idea how many jobs will be affected – they're not soothsayers.  Further, the judge thinks "economic loss" doesn't lead to "irreparable harm" – a dubious notion, considering what the loss of a job can mean to a family.

On another front, a bipartisan group of senators is asking DHS to investigate whether the guest worker program is leading to layoffs of native-born workers.  So far, Homeland Security has refused to look into the matter.

“At this point it would be premature for USCIS to speculate as to whether Southern California Edison’s participation in the H-1B program has violated laws,” Mr. Rodriguez wrote. “If facts come to our attention that indicate violations have occurred, USCIS will take appropriate action to maintain the integrity of our programs.”

Sen. Jeff Sessions, Alabama Republican, and Sen. Richard J. Durbin, Illinois Democrat, were not pleased with the brushoff.

“We did not ask for speculation; we asked for an investigation,” they said in a joint statement.

Yeah, well, good luck with that, guys.  Anything that reflects badly on the president's immigration executive orders has as much chance of being investigated as Hillary Clinton's e-mails.

By hook or by crook, the Obama administration is going to transform the workforce in America to reflect their extreme ideological notions of race, class, and culture.  Hi-tech workers born and educated in America are to be thrown under the bus in this effort.  The companies that are hiring these guest workers at the expense of American citizens should be charged for their illegal actions.