National Venture Capital Association et al v. Duke
IRLI filed an important amicus, or friend-of-the-court, brief challenging the legality of a last-minute Obama administration regulation that would allow the Department of Homeland Security (DHS) to "parole" unlimited numbers of so-called international entrepreneurs into the United States and operate "start-up" businesses without ever obtaining visas.
President Obama's so-called International Entrepreneur Parole Rule was exactly the kind of unauthorized special interest regulation that President Trump has vowed to rescind. But predictably, the foreign-dominated National Venture Capital Association and several out-sourcing consultants in Bombay sued claiming their 'procedural rights to parole' were violated when DHS delayed implementation of the regulation before its original effective date last July.
IRLI has written twice to DHS since 2016 warning that the proposed and final regulations were illegal. IRLI's brief again reminds the court that there is no provision in the immigration statutes to parole 'entrepreneurs,' that Congress has already enacted a comprehensive system of visas for alien entrepreneurs, and that the 'anything goes' reasoning of the Obama-era DHS would open the floodgates for 'paroling' unlimited numbers of foreign laborers, contractors, and consultants-in violation of the protections for American workers and small businesses mandated by Congress.