On May 6, 1988, the World Jai Alai Association Reality Limited Partnership (WJA) filed suit in the U.S. District Court for the Southern District of Florida, challenging the Immigration and Naturalization Service's suspension of work authorizations of Jai Alai players. The suspensions were pursuant to INS regulation 8 C.F.R. 214.2(h)(14)(iv) which allowed the suspension of employees holding H-1 visas in the event of a labor strike, provided that the Department of Labor certified that the strike "would adversely affect the wages and working conditions of U.S. citizens or lawful resident workers."



Plaintiff alleged that the suspensions violated due process, the Administrative Procedure Act and the Immigration and Naturalization Act. It requested a TRO and a preliminary injunction.

The District Court (Judge William Marcellin Hoeveler) immediately denied the TRO request and indicated its probable intention to deny a preliminary injunction. Plaintiff then sought to amend the complaint to request a permanent injunction. The National Labor Relations Board moved to intervene in support of the plaintiff. The Board took the position that the regulation was invalid because it permitted the INS to interfere with employee rights. The government opposed intervention and moved for summary judgment.

On March 9, 1989, the District Court (Judge Hoeveler) issued an order and opinion allowing amendment of the complaint and intervention of the Board. Judge Hoeveler further granted the requested injunctive relief, finding that the INS regulation 8 C.F.R. sec. 214.2(h)(iv) was invalid as not rationally related to the Immigration and Naturalization Act and as in direct conflict with the National Labor Relations Act. WJA Realty LP v. INS, 708 F. Supp. 1268 (S.D.Fla. 1989).

We have no further information on this case.

Dan Dalton - 11/18/2007


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