7th Circuit shoots down Homeland Security decision

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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."


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...