Filed Date: Jan. 29, 1985
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On January 29, 1985, the Bricklayers' union and a local affiliate brought suit in the United States District Court for the Northern District of California, challenging Immigration and Naturalization Service internal agency guidelines which permitted issuance of B-1 "temporary visitor for business" visas to foreign laborers coming to United States temporarily to work. Plaintiffs alleged that the issuance of visas to foreign laborers under the authority of INS Operations Instruction 214.2(b)(5), an INS internal agency guideline, violated the Immigration and Nationality Act, 8 U.S.C. §§ 1101-1524 and the Administrative Procedure Act, 5 U.S.C. §§ 551-559, 701-706. The suit stemmed from the government issuing B-1 "temporary visitor for business" visa petitions to ten West Germans so that they could work to install a new gold ore processing system in California.
The parties filed cross-motions for summary judgment. The District Court (Judge Legge) entered judgment in favor of plaintiffs, finding that the challenged guideline violated Immigration and Nationality Act. The Court issued an injunction prohibiting INS from issuing such visas and made the order retroactive. International Union of Bricklayers and Allied Craftsmen v. Meese, 616 F.Supp. 1387 (N.D.Cal. Aug. 28, 1985).
Note that prior to filing the case in federal court in California, plaintiffs had filed a separate identical case in the United States District Court for the District of Columbia. That case was dismissed by the District Court for lack of jurisdiction, lack of standing, and mootness. The dismissal was reversed on appeal. International Union of Bricklayers and Allied Craftsmen v. Meese, 761 F.2d 798 (D.C.C. 1985).
Summary Authors
Dan Dalton (11/13/2007)
Davis, Kathryn M. (California)
Edwards, Harry Thomas (District of Columbia)
Berzon, Stephen P. (California)
Bornstein, Jeffrey L (California)
Hussey, Thomas W. (District of Columbia)
Last updated March 24, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Key Dates
Filing Date: Jan. 29, 1985
Case Ongoing: Perhaps, but long-dormant
Plaintiffs
Plaintiff Description:
International Union of Bricklayers and Allied Craftsmen
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Immigration and Naturalization Service, Federal
Homestake Mining Company of California, Private Entity/Person
Attorney General of the United States, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Other Dockets:
Northern District of California 3:85-01253
U.S. Court of Appeals for the Ninth Circuit 84-05339
Available Documents:
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Immigration/Border: