Department of Homeland Security Regulations Lawsuit (Dec. 2019)

On November 26 2019 a complaint for Injunctive Relief and a Temporary Restraining Order (“TRO”) was filed by Florida EB-5 Investments LLC against the Department of Homeland Security (DHS) challenging a November 21 2019 DHS-issued final rule amending its regulations for the EB-5 program (Case 1:19-cv-03573 FLORIDA EB5 INVESTMENTS LLC v. WOLF et al).  As EB-5 stakeholders know the new DHS Rule proposed significant increases in minimum investment levels and a new targeted employment area (TEA) designation process that eliminates the input of the individual states in designating such areas in which investments are made.  The complaint alleges the new DHS rules: (1) were developed in violation of the Administrative Procedures Act (APA) (2) exceed DHS’s authority and (3) violated the Tenth Amendment among others. The complaint further alleges that the Rule’s changes impact the U.S. economy and were proposed without adequate studies or analysis of the new DHS rules’ expected impacts.  EPR’s EB-5 Program economic contribution study—completed in cooperation with IIUSA and the EB-5 Investment Coalition—was used in support of the case filing.

The following pdf is a copy of EPR\'s study