Case: International Union of Bricklayers and Allied Craftsmen v. Meese

3:85-01253 | U.S. District Court for the Northern District of California

Filed Date: Jan. 29, 1985

Clearinghouse coding complete

Case Summary

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),…

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)

People


Judge(s)

Davis, Kathryn M. (California)

Edwards, Harry Thomas (District of Columbia)

Legge, Charles A. (California)

Wald, Patricia McGowan (District of Columbia)

Waldow, Richard T. (California)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Rubin, Michael (California)

Attorneys(s) for Defendant

Bornstein, Jeffrey L (California)

Hussey, Thomas W. (District of Columbia)

Keener, Dana Marks (California)

Judge(s)

Davis, Kathryn M. (California)

Edwards, Harry Thomas (District of Columbia)

Legge, Charles A. (California)

Wald, Patricia McGowan (District of Columbia)

Waldow, Richard T. (California)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Rubin, Michael (California)

Attorneys(s) for Defendant

Bornstein, Jeffrey L (California)

Hussey, Thomas W. (District of Columbia)

Keener, Dana Marks (California)

Willard, Richard K. (District of Columbia)

Documents in the Clearinghouse

Document

Appellate Opinion

International Union of Bricklayers and Allied Craftsment v. Meese III

U. S. Court of Appeals for the Ninth Circuit

761 F.2d 798

May 17, 1985 Order/Opinion

Opinion and Order Granting Summary Judgment

International Union or Bricklayers and Allied Craftsmen v. Meese III

616 F.Supp. 1387

Aug. 28, 1985 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

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.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1985 - 0

Issues

Immigration/Border:

Employment

Temporary foreign workers program

Temporary visitors

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures