Situational Awareness
The House of Representatives and Senate are out of session for the next two weeks. Before departing town, House GOP lawmakers passed a budget reconciliation framework that unlocks the next step in the reconciliation process: writing a sweeping tax and immigration bill. In exchange for support of the compromise measure, Speaker of the House Mike Johnson (R-La.) made a pledge to hardline conservatives that he would find a minimum of $1.5 trillion in spending cuts in exchange for their support. The minimum cuts in the Senate’s portion of the budget blueprint only amount to $4 billion—a tactic intended to give senators more leeway in identifying potential savings and a potential sticking point between the two chambers as the reconciliation process continues. Now that an identical budget resolution has been adopted by both the House and Senate, congressional Republicans can begin the process of drafting their massive reconciliation bill. The next step for Speaker Johnson and Senate Majority Leader John Thune (R-S.D.) will be to resolve different instructions provided to each committee in both chambers.
DOL Moves to Pause Independent Contractor Lawsuits, Rescind Biden Regulation
Last week, the Department of Labor (DOL) filed two separate motions with the Fifth and Eleventh Circuit Courts of Appeals asking the courts to hold ongoing lawsuits against the Biden administration’s final independent contractor rule in abeyance—a temporary suspension of proceedings—because the labor agency is considering rescinding the rule. In a status report provided to the Fifth Circuit, DOL lawyers wrote they had told the plaintiffs that the “agency’s reconsideration and potential rescission of the rule may obviate the need for further litigation. The government expects to request similar abeyances in other related challenges to the rule at issue in order to permit the Department of Labor sufficient time to complete the process of reconsidering the regulation.” The Fifth Circuit granted the request Tuesday, and briefing on the matter is still ongoing in the Eleventh Circuit.
Federal Court Will Block DHS’ Humanitarian Parole Pause
During a hearing with Department of Homeland Security (DHS) lawyers, a federal district judge in Massachusetts said she plans to stay the Trump administration’s pause of some Biden-era humanitarian parole programs. One of the programs under consideration provided a legal mechanism for immigrants from countries including Cuba, Haiti, Nicaragua and Venezuela to stay in the country. DHS issued a Federal Register notice March 25 announcing it would terminate the parole status for roughly 500,000 beneficiaries from those countries on April 24. The notice said “an illegal alien” could be deported under expedited removal proceedings. This followed an Executive Order issued by President Trump instructing the agency to carry out various immigration enforcement actions.
Federal Court Permits Trump Admin Immigrant Registry Rule to Move Forward
A federal district judge in D.C. rejected a request by immigration advocacy organizations to block a Trump administration rule requiring millions of immigrants to register with the federal government. In a lawsuit filed last month, the Coalition for Humane Immigrant Rights and the United Farm Workers argued the DHS regulation violated notice-and-comment requirements under the Administrative Procedure Act. DHS issued the registry mandate as an interim final rule March 12, citing a World War II-era statute requiring immigrants that have been in the country more than 30 days without authorization to register or risk prosecution.
Trump Floats Measures to Allow Temporary Workers Back to U.S. Legally
Amidst concerns shared by various industries about labor shortages caused by mass deportations, President Trump told agency heads that he was considering creating a new pathway for undocumented farm and hospitality industry workers to re-enter the country legally. Under this idea, certain workers would be required to leave the U.S. voluntarily for a short period of time before trying to return. “We’re going to work with people so that if they go out in a nice way, go back to their country, we’re going to work with them right from the beginning on trying to get them back in legally,” the president said last week during a cabinet meeting at the White House. “It gives you real incentive. Otherwise they never come back. They’ll never be allowed once a certain period of time goes by, which is probably going to be 60 days.”
White House Issues Repeal of Regulations Considered Unlawful Under 10 SCOTUS Decisions
The White House issued a Presidential Memorandum requiring agencies to rescind regulations that are unlawful under 10 recent landmark SCOTUS decisions. This memo implements the February 19 EO, Ensuring Lawful Governance and Implementing the President’s “Department Of Government Efficiency” Deregulatory Initiative. The memorandum further directs agencies to revoke unlawful regulations expeditiously, using the APA’s “good cause” exception where appropriate.
The listed SCOTUS decisions include the following cases:
- Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) overturned the Chevron doctrine. Accordingly, agencies are to repeal any regulation that is not consonant with the “single, best meaning” of the statute authorizing it. Agencies are also directed to repeal any regulation that was promulgated in reliance on the Chevron doctrine and that could be defended only by relying on Chevron deference.
- Sackett v. EPA, 598 U.S. 651 (2023) ended a 20-year attempt by the EPA to enforce the Clean Water Act against landowners whose property was near a ditch that fed into a creek, which fed into a navigable, intrastate lake. Agencies accordingly must repeal any regulation inconsistent with a properly bounded interpretation of “waters of the United States.”
- Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021) held that a law that forced landowners to admit union organizers onto their property violated the Takings Clause. Agencies accordingly must repeal any regulation inconsistent with a proper understanding of the Takings Clause, which protects far more than just real estate from being taken by the government without compensation.
Removed NLRB Member’s Fate Unclear
The Supreme Court issued an “administrative stay” of a court order issued by the DC Circuit Court of Appeals to reinstate National Labor Relations Board member Gwynne Wilcox after the White House filed an emergency appeal. The motion by Chief Justice John Roberts effectively upholds the Trump administration’s firing of Wilcox—the third time in four months—until the Supreme Court decides the underlying constitutionality of the Wilcox’s removal. A favorable decision for the Trump administration would require the Supreme Court to overturn a 1935 decision from a case called Humphrey’s Executor, which upheld Congress’ authority to restrict the president’s power to fire independent board and commission members. Without Wilcox, the NLRB currently lacks a quorum to issue any pending decisions.
Senate Advances EPA Water Office Nominee
The Senate Environment and Public Works Committee voted to advance Jessica Kramer, nominee for Environmental Protection Agency assistant administrator for water, to the full Senate. Kramer currently serves as an adviser at EPA and previously served at the agency during the first Trump administration. If confirmed by the full Senate, Kramer would oversee the EPA’s Office of Water, which sets policy implementing the Clean Water Act and Safe Drinking Water Act. During her confirmation hearing, Kramer said one of her goals would be to clarify current “waters of the United States” regulations for property owners.
Thursday Webcast: Beyond Bandwidth: Building Smart, Secure, Connected Clubs
Learn how to elevate your club’s connectivity and convenience during this online NCA event, Thursday, April 17, at 2 p.m. EST. Designed for general managers and club leadership, this session will explore how integrated tools—such as managed Wi-Fi, digital messaging, smart-home features and video safety systems—can enhance member experiences, improve operational efficiency and strengthen community safety. Alex Stefanescu, executive vice president of emerging market strategy at Hotwire, will share best practices and insights to help clubs stay ahead in today’s connected world. The webcast is free for NCA member club staff and boards, and $99 for non-members. Register here.
