Judge Doubts DOJ Can Keep Trump-Era EB-5 Rule Change

Law360, San Francisco (May 13, 2021, 9:07 PM EDT) -- A California federal magistrate judge appeared unwilling Thursday to accept the Biden administration's defense of a Trump-era policy nearly doubling the EB-5 visa program's investment requirements, saying she doesn't think the new U.S. secretary of Homeland Security can approve the rule change made by Trump's unlawfully appointed former acting secretary.

U.S. Magistrate Judge Jaqueline Scott Corley — accepting as "pretty well-established" that Kevin McAleenan unlawfully served as the acting U.S. secretary of Homeland Security under the Trump administration — said her reading of the Federal Vacancies Reform Act doesn't permit ratification of McAleenan's policy increasing the amount of capital required for...

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