unconstitutional?
Anjey said:
I do not understand. I have 1 RIR case at BEC and a fresh PERM filled in July.
Does this new rule pertain to that case?
Does it mean they will invoke the certified PERM if the RIR is approved?
Isn't that absurd?
It is not only stupid - it is not what was published at the time we applied for PERM. How come the current rule affect the past? Is it legal?
Could anyone explain please?
It appears your 14th amendment right has been violated, because, by abusing its judicial power, DOL will deprive your of your investment (assuming you have legally paid for filing your RIR/PERM, although the petition is your employer's) with out due process of law. You can probably claim your 5th amendment right, but that pertains to an explicitly criminal litigation.
Checked out some commentaries on the 14th amendment. In the following, I think “State” applies to DOL as well:
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"... nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws."
That's not restricted to citizens. The Supreme Court spelled this out,
in Yick Wo v. Hopkins, 118 US 356 <http://laws.findlaw.com/us/118/356.html>
"The rights of the petitioners, as affected by the proceedings of which they
complain, are not less because they are aliens and subjects of the emperor of
China. ... The fourteenth amendment to the constitution is not confined to the
protection of citizens. It says: 'Nor shall any state deprive any person of
life, liberty, or property without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.' These provisions
are universal in their application, to all persons within the territorial
jurisdiction, without regard to any differences of race, of color, or of
nationality; and the equal protection of the laws is a pledge of the
protection of equal laws."
The Constitution protects due process for citizen and foreigner alike.
Go back even further, to ex parte Milligan (1866):
"The Constitution of the United States is a law for rulers and people,
equally in war and in peace, and covers with the shield of its protection
all classes of men, at all times, and under all circumstances."
The idea that foreigners have no rights is itself foreign to the American
Constitution and Declaration of Independence. It is UN-American.
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DOL==CCP (Chinese Communist Party) holds true.
The question is whether your payment for filing the case is legal.