November-December 2013

Issue link: http://ailahub.aila.org/i/214317

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Page 52 of 57

INTER ALIA Among Other Things ... Close Encounter AILA Executive Director Crystal Williams was invited to a briefing at the White House on October 24, 2013, where President Barack Obama renewed his call for immigration reform. COURTESY PHOTO AIC and AILA File BALCA Brief Challenging Unfair DOL Process T he American Immigration Council, in collaboration with AILA, filed an amicus brief in an en banc case pending before the Board of Alien Labor Certification Appeals (BALCA). The case involves a regulation that requires employers to notify certain U.S. employees that have been laid off about new job opportunities before the employers are permitted to hire foreign workers.    The focus of the amicus brief is the agency's failure to provide fair warning about its interpretation of the notification requirement before applying a new, more restrictive interpretation. DOL is notorious for failing to provide guidance and leaving it to employers to guess at what processes it will find to be in compliance with the regulations. Here, DOL offered no guidance, but, through a pattern of decision-making, established a practice of approving certain notification procedures. The brief argues that DOL acts arbitrarily and violates due process when it does an about face without giving prior notice. "I was proud to stand behind the President this morning," Williams said. "He could not have been clearer about his commitment to reform and his emphasis that Congress should move forward so our country can benefit from the increased security, strengthened communities, and economic growth that reform will bring." N OVEMBER/ D ECEMBER 2013 53

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