Washington Alliance of Technology Workers v. DHS, No. 17-5110 (D.C. Cir. 2018)Annotate this Case
Washtech, a union representing workers throughout the country in the STEM labor market, challenged DHS's regulations allowing nonimmigrant aliens temporarily admitted to the country as students to remain in the country for up to three years after finishing a STEM degree to pursue work related to their degree. The DC Circuit held that Washtech had standing to bring challenges to the 2016 Rule under the doctrine of competitor standing; affirmed the dismissal of Washtech's challenge to the 1992 Rule as time-barred; reversed the dismissal of Washtech's challenge in Count II (challenging DHS's statutory authority) because the district court abused its discretion in dismissing a plausible claim of relief based on Washtech's inadequate opposition to DHS's motion to dismiss; remanded as to Count II; and affirmed the district court's dismissal of Counts III (alleging procedural deficiencies) and IV (alleging rule was arbitrary and capricious) under Federal Rule of Civil procedure 12(b)(6) because neither stated a plausible claim for relief.