The Department of Justice (DOJ) has quietly told the Supreme Court that it does not have the legal authority to issue work permits to Deferred Action for Childhood Arrivals (DACA) migrants and has effectively invited the court to block the annual award of more than one million work permits to migrants.
“If the [judges] make a decision, it would have a huge impact,” said John Miano, a lawyer who is seeking to end two of the many work-permit programs. Prior presidents created the two programs, which allow U.S. companies and Indian managers in the United States to annually hire roughly 150,000 Indians for technology jobs sought by American graduates.

The invite is on page 19 of a “Reply Brief” that DOJ sent to the Supreme Court on October 28. The court will hear the DACA case on November 12.

The DOJ’s brief narrows the department’s prior 2018 claim that Section 1324a of federal law allows the administration to approve an unlimited number of work permits for foreigners:

Section 1324a may have ratified extending work authorization to aliens who received deferred action on an individualized basis or pursuant to interstitial class-based deferred-action policies.

…

But it cannot reasonably be interpreted to have “br[ought] about [the] enormous and transformative expansion” in the Secretary’s authority that would be required to support conferring work authorization in conjunction with a deferred-action policy like DACA.

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