UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) WASHINGTON ALLIANCE OF ) TECHNOLOGY WORKERS, ) ) Plaintiff, ) ) v. ) Civil Action No. 16-1170 (RBW) ) U.S. DEPARTMENT OF ) HOMELAND SECURITY, et al., ) ) Defendants. ) ____________________________________) MEMORANDUM OPINION The plaintiff, the Washington Alliance of Technology Workers (“Washtech”), a collective-bargaining organization representing science, technology, engineering, and mathematics (“STEM”) workers, brings this action against the defendants, the United States Department of Homeland Security (“DHS”), the Secretary of Homeland Security, the United States Immigration and Customs Enforcement (“ICE”), the Director of ICE, the United States Citizenship and Immigration Services (“Citizenship and Immigration Services”), and the Director of Citizenship and Immigration Services (collectively, the “Government”), challenging (1) the DHS’s 1992 regulation creating a twelve-month optional practical training (“OPT”) program (the “OPT Program”) for nonimmigrant foreign nationals admitted into the United States with an F-1 student visa, Pre-Completion Interval Training; F-1 Student Work Authorization, 57 Fed. Reg. 31,954 (July 20, 1992) (codified at 8 C.F.R. pts. 214 & 274a) (the “1992 OPT Program Rule”); and (2) the DHS’s 2016 regulation permitting eligible F-1 student visa holders with STEM degrees to apply for an extension of their participation in the OPT Program for up to an additional twenty-four months, Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students, 81 Fed. Reg. 13,040 (Mar. 11, 2016) (codified at 8 C.F.R. pts. 214 & 274a) (the “2016 OPT Program Rule”). See Complaint (“Compl.”) ¶¶ 1–5, 8. Currently pending before the Court are (1) the Defendants’ Renewed Motion to Dismiss (“Gov’t’s 2d Mot. to Dismiss”) and (2) the National Association of Manufacturers, the Chambers of Commerce of the United States of America, and the Information Technology Industry Council’s (collectively, the “Organizations”) Motion to Intervene (“Orgs.’ Mot. to Intervene”). Upon careful consideration of the parties’ submissions,1 the Court concludes for the following reasons that it must deny the Government’s renewed motion to dismiss and grant the Organizations’ motion to intervene. I. BACKGROUND The Court has previously set forth the factual background of this case, see Wash. All. of Tech. Workers v. U.S. Dep’t of Homeland Sec., 249 F. Supp. 3d 524, 531–33 (D.D.C. 2017) (Walton, J.), aff’d in part, rev’d in part, 892 F.3d 332 (D.C. Cir. 2018), and therefore will not recite it again here. The Court will, however, briefly summarize the procedural posture of this case, which is pertinent to the resolution of the pending motions. Washtech filed its Complaint on June 17, 2016. See Compl. at 1. As previously noted by the Court, Washtech allege[d] that the 1992 OPT Program Rule and the 2016 OPT Program Rule exceed the authority of [the] DHS [under] several provisions of the 1 In addition to the filings already identified, the Court considered the following submissions in rendering its decision: (1) the Defendants’ Motion to Dismiss Plaintiff’s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) (“Gov’t’s 1st Mot. to Dismiss”); (2) ...
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