174 Indians file lawsuit against US presidential proclamation on H-1B visa

Agencies
July 16, 2020

New Delhi, Jul 16: A group of 174 Indian nationals, including seven minors, has filed a lawsuit against the recent presidential proclamation on H-1B that would prevent them from entering the United States or a visa would not be issued to them.

Judge Ketanji Brown Jackson at the US District Court in the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

The lawsuit was filed in the US District Court on Tuesday.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals.

The lawsuit seeks an order declaring the presidential proclamation restriction on issuing new H-1B or H4 visas or admitting new H-1B or H-4 visa holders as unlawful. It also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

In his presidential proclamation on June 22, Trump temporarily suspended issuing of H-1B work visas till the end of the year.

"In the administration of our nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor," said the proclamation issued by Trump.

In his proclamation, Trump said the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 per cent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till year-end his previous executive order that had banned issuance of new green cards of lawful permanent residency. Green Card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job in any sector of the economy, Trump said.

Forbes, which first reported the lawsuit filed by the Indian nationals, said the complaint points out that the Congress specified the rules under which H-1B visa holders could work in the US and balanced the interests of US workers and employers.

"The complaint seeks to protect H-1B professionals, including those who have passed the labor certification process and possess approved immigrant petitions. Such individuals are waiting for their priority date to obtain permanent residence, a wait that can take many years for Indian nationals," Forbes reported.

Meanwhile, several lawmakers urged Scalia on Tuesday to reverse the work visa ban.

"Throughout this administration, the president has continued to lament the alleged abuses of the immigration system while failing to address the systemic problems that have persisted and allowed businesses and employers to exploit and underpay immigrant workers, guest workers and American workers," the lawmakers wrote.

"This misguided attempt by the president to scapegoat immigrants for policy failures during the pandemic not only serves to hurt immigrants, but dismisses the true problem of a broken work visa program that is in desperate need of reform," said the letter, which among others was signed by Congressmen Joaquin Castro, Chair of the Congressional Hispanic Caucus; Bobby Scott, Chair of the Education and Labor Committee; Karen Bass, Chair of the Congressional Black Caucus; Judy Chu, Ra l Grijalva, Vicente Gonzalez, Yvette Clarke and Linda S nchez.

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News Network
May 18,2020

New Delhi, May 18: The nationwide tally of COVID-19 cases crossed one lakh on Monday with more people testing positive for the deadly virus in Maharashtra, Gujarat, Tamil Nadu and other states, even as a much-relaxed fourth phase of the lockdown began with restarting of market complexes, autos, taxis and inter-state buses in various parts of the country.

The death toll due to COVID-19 crossed the 3,000-mark too.

With an aim to reboot numerous locked down economic activities, authorities across the country ordered reopening of markets, intra-state transport services and even of barber shops and salons in some states, barring in containment zones.

However, schools, colleges, theatres, malls and religious gatherings are among those that would remain shut down, at least till May 31.

India has been under a lockdown since March 25, which was first supposed to be for 21 days or toll April 14, but was later extended till May 3, then further till May 17 and now for another two weeks till May 31.

However, a number of relaxations have been given in the current fourth phase, while states and union territories have also been granted significant flexibility for deciding the red, orange or green zones in terms of the quantum and severity of the virus spread.

In its morning 8 AM update, the Union Health Ministry put the total number of confirmed COVID-19 cases 96,169 and the death toll at 3,029.

It also said that 36,824 people have so far recovered from the infection.

However, a news agency tally of figures announced by different states and UTs as of 9.40 PM put the number of those having tested positive for the infection at 1,00,096, with a death toll of 3,078 and recoveries at 38,596 across the country.

Maharashtra topped the nationwide tally with over 35,000 confirmed cases and 1,249 deaths, followed by Tamil Nadu with 11,760 confirmed cases and 81 deaths.

Gujarat has also reported 11,746 confirmed cases, while its death toll is higher than that of Tamil Nadu at 694.

Delhi has also crossed the 10,000 mark in terms of the number of confirmed cases, while its death toll has now reached 160.

Gujarat, during the day, recorded 366 new COVID-19 cases and 35 deaths, including 31 from the worst-hit Ahmedabad, taking the state's case count to 11,746 and the number of fatalities to 694, a health department official said.

Maharashtra reported 2,033 new cases, taking the tally to 35,058.

This was the second consecutive day when the state has reported more than 2,000 COVID-19 cases.

Mumbai alone reported 1,185 fresh cases and 23 more deaths, taking the total count of the city to 21,152 and the fatalities to 757.

Of the 1,185 new cases, 300 samples were tested positive in private laboratories between May 12 and 16.

Kerala also saw 29 new cases -- all but one being returnees from overseas and other states --  raising concerns about the state witnessing a possible third wave of the dreaded virus infection.

The state was first to report the virus infection, but at least twice it has already been seen as having flattened the curve of the infection.

The nationwide count of confirmed infections incidentally crossed the crucial one-lakh mark on a day when the fourth phase of the nationwide lockdown kicked in with several relaxations for economic and public activities, barring in containment zones or areas identified as serious hotspots of the virus infection.

Revising its strategy for COVID-19 testing, ICMR also said on Monday that returnees and migrants who show symptoms for influenza-like illness will be tested for coronavirus infection within seven days of ailment and stressed that no emergency clinical procedure, including deliveries, should be delayed for lack of testing.

The Indian Council of Medical Research (ICMR) in its revised strategy for coronavirus testing in India also added that all hospitalised patients who develop symptoms for influenza-like illness (ILI) and frontline workers involved in containment and mitigation of COVID-19 having such signs will also be tested for coronavirus infection through RT-PCR test.

Besides, asymptomatic direct and high-risk contacts of a confirmed case are to be tested once between day five and day 10 of coming in contact, the new document stated.

Asymptomatic contacts of a confirmed case were being tested once between day five and day 14.

The Health Ministry also said that for every one lakh population, there are 7.1 coronavirus cases in India so far as against 60 globally.

It also said the recovery rate of coronavirus cases in India stood at 38.39 per cent.

Besides, India also joined nearly 120 countries at a crucial conference of the World Health Organisation in pushing for an impartial and comprehensive evaluation of the global response into the coronavirus crisis as well as to examine the origin of the deadly infection.

Since the first case of the deadly coronavirus was reported in China last December, more than 47 lakh people have tested for this virus across the world and over 3 lakh have lost their lives.

India is the 11th most affected country, while the US tops the chart with over 14.9 lakh confirmed cases so far.

China's official tally of confirmed infections is less than 84,000, while it has reported more than 4,600 deaths.

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News Network
June 18,2020

New Delhi, Jun 18: India on Wednesday took strong exception to China claiming sovereignty over the Galwan Valley in eastern Ladakh, saying its "exaggerated and untenable claims" are contrary to the understanding reached on the issue between the two sides.

Ministry of External Affairs Spokesperson Anurag Srivastava's response came after China claimed that the Galwan Valley in eastern Ladakh is a part of its territory.

"As we have conveyed earlier today, External Affairs Minister and the State Councillor and Foreign Minister of China had a phone conversation on recent developments in Ladakh," Srivastava said late Wednesday night.

"Both sides have agreed that the overall situation should be handled in a responsible manner and that the understandings reached between Senior Commanders on 6th June should be implemented sincerely. Making exaggerated and untenable claims is contrary to this understanding," he said.

Earlier on Wednesday, India delivered a strong message to China that the "unprecedented" incident in the Galwan Valley will have a "serious impact" on the bilateral relationship and held the "pre-meditated" action by Chinese army directly responsible for the violence that left 20 Indian Army personnel dead.

In a telephonic conversation, External Affairs Minister Jaishankar conveyed to his Chinese counterpart Wang Wi India's protest in the "strongest terms" and said the Chinese side should reassess its actions and take corrective steps, the Ministry of External Affairs said.

The Chinese Foreign Ministry, in a statement, said the two sides agreed to "cool down the situation on the ground as soon as possible", and maintain peace and tranquillity in the border area in accordance with the agreement reached so far between the two countries.

The clash in Galwan Valley on Monday night is the biggest confrontation between the two militaries after their 1967 clashes in Nathu La in 1967 when India lost around 80 soldiers while over 300 Chinese army personnel were killed.

The India-China border dispute covers the 3,488-km-long LAC. China claims Arunachal Pradesh as part of southern Tibet, while India contests it.

Prior to the clashes, both sides have been asserting that pending the final resolution of the boundary issue, it is necessary to maintain peace and tranquillity in the border areas.

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News Network
April 28,2020

Kochi, Apr 28: The Central government on Tuesday told Kerala High Court that the Kerala government will have to take up with other states the matter pertaining to bringing back COVID-19 affected Malayali nurses.

A Division Bench of Justice PV Asha and Justice V Shircy asked the Kerala government to examine if there is any solution that may be considered and orally noted the suggestion that perhaps a video-conference may be conducted between the states on the matter.

The matter was posted for further hearing on April 30.

Counsel for the Central government said that the "Centre has issued guidelines for the protection of health workers. But in this specific case, state governments have assured that nurses are being given proper treatment."
"The plea is on apprehensions that they are not being treated well in the other states.

Centre could help if there is any necessary requirement thereafter," the Centre's counsel said.

Advocate Abraham Vakkanal, appearing for the state government, said that state chief secretary has written to Union cabinet secretary to relax travel restrictions amid COVID-19 lockdown to bring back the nurses.

Vakkanal said that the state has sought permission and is waiting for approval and will take further actions if permission is received on the matter.

Advocate Anupama Subramaniam, appearing for the petitioner, said that 68 Malayali nurses in other states have reached out to inform that they are not being given treatment and that facilities for food and shelter are also not readily available for them.

Kerala High Court had earlier asked the Centre and the state government to file their reply on the plea.

The court was hearing a petition seeking to bring COVID-19 affected Malayali nurses back to Kerala from other States considering their "poor health and working conditions".

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