ILNews

7th Circuit shoots down Homeland Security decision

Back to TopCommentsE-mailPrintBookmark and Share

The Department of Homeland Security wrongly second-guessed the federal labor department in denying an application by a mental health residential care group – Hoosier Care Inc. – asking for labor certification and immigrant visas for two Filipinos, the 7th Circuit Court of Appeals ruled today.

An eight-page opinion in Hoosier Care Inc. v. Michael Chertoff, Secretary of Homeland Security, et al., comes from a decision last year in the U.S. District Court for the Central District of Illinois.

Hoosier Care, a non-profit organization that operates in both Illinois and Indiana, wanted to hire two Filipinos without American citizenship to be staff members to help take care of disabled adults and children at one of its Illinois facilities. They were to be "developmental disability specialists," the suit says. In order to hire them, the company had to first receive alien labor certification before being able to obtain immigrant visas for the pair.

The Department of Labor granted the certification after receiving information that the two met education requirements, but the Homeland Security ;s U.S. Citizenship and Immigration Services agency later rejected the petition to classify the two eligible for "employer-based" immigration status. An Illinois District Court ruled against Hoosier Care in its challenge of the decision.

However, the three judge panel – Judges Richard Posner, Ilana Rovner and Diane Sykes – reversed the decision and remanded it to the Department of Homeland Security for further proceedings, essentially arguing that the labor department has jurisdiction here and not homeland security officials.

In the decision, Judge Posner wrote, "But the Department of Homeland Security does not argue that in conducting such and investigation in this case it was simply doing the Labor Department 's work for it. If it wants to do that, it will have to change its regulations and probably also persuade Congress to change the statute."
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

ADVERTISEMENT