What happened
A group of Atlantic fishermen challenged a National Marine Fisheries Service rule requiring them to pay for onboard observers. The dispute itself was not immigration-related, but it raised a foundational question: how much must courts defer to agencies.
The case was consolidated with Relentless v. Department of Commerce, which raised the same issue from a different angle.
At stake was the doctrine from Chevron U.S.A. v. NRDC (1984) — for four decades the cornerstone of administrative law.
The court's ruling
Chief Justice Roberts wrote for the majority: Chevron is overruled. Courts must interpret ambiguous statutes themselves, using the ordinary tools of statutory construction.
Majority: Roberts, Thomas, Alito, Gorsuch, Kavanaugh, Barrett. Dissent: Kagan, Sotomayor, Jackson.
But the Court preserved Skidmore deference (1944) — an agency's view may still be "persuasive" depending on its consistency, thoroughness, and reasoning.
Why it matters
Immigration law is built around agency interpretations: the USCIS Policy Manual, BIA memos, DHS regulations. Many of them survived court review only because of Chevron.
This cuts both ways: restrictive readings (e.g., public charge, asylum bars) also lose automatic support. But favorable positions (DACA, fee waivers) become more vulnerable too.
In practice we will see wider splits across the circuits: one Circuit Court may agree with USCIS, another may not. Fewer agency wins, more litigation.
What it means for you
If your denial relies on a USCIS interpretation that is "derived from" the statute rather than spelled out, you may have stronger appellate odds than before 2024.
Don't expect USCIS to rewrite its memos on its own. Change will come through litigation, slowly.
Don't try this argument on your own — "agency interpretation no longer deserves Chevron deference" needs to be framed precisely in the appeal.
🏛️ Related courts
⚖️ Related judges
Attorney commentary
“Loper Bright is an earthquake, but not every client will feel it right away. A straightforward family-based green card case is unaffected. An EB-2 NIW denial under the 2022 "new" standard is now clearly worth appealing or pushing to federal court.”
“I see two layers. First, reopening already-denied cases that turned on agency "creative" interpretations. Second, new filings where you can challenge a USCIS position right in the cover letter, without invoking Chevron.”
“What to watch: a wave of high-profile circuit decisions over the next two years. Keep an eye on the 9th, 5th, and DC Circuits — that's where the big immigration storylines usually play out.”
Sources
⚠️ This material is educational and is not legal advice. Whether it applies to your case should be discussed with an attorney.