Chamber of Commerce of the United State of America v. United States Department of Homeland Security

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHAMBER OF COMMERCE OF THE Case No. 20-cv-07331-JSW UNITED STATE OF AMERICA, et al., 8 Plaintiffs, ORDER GRANTING PLAINTIFFS’ 9 MOTION FOR PARTIAL SUMMARY v. JUDGMENT AND DENYING 10 DEFENDANTS’ CROSS-MOTION

UNITED STATES DEPARTMENT OF

11 HOMELAND SECURITY, et al., Re: Dkt. Nos. 31, 54 Defendants. 12 13 The Court once again confronts a challenge to the Administration’s assertion that the H-1B 14 visa program adversely affects American workers to such a degree that it must take immediate 15 action. See Nat’l Ass’n of Manufacturers v. Dep’t of Homeland Sec., No. 20-cv-4887-JSW, -- F. 16 Supp. 3d --, 2020 WL 5847503 (N.D. Cal. Oct. 1, 2020) (“NAM”). Here, Plaintiffs bring claims 17 under the Administrative Procedure Act (“APA”) and ask the Court to set aside two interim final 18 rules promulgated by the Department of Labor (“DOL”) and by the Department of Homeland 19 Security (“DHS”): Strengthening Wage Protections for the…