DHS Secretary Kelly has rescinded DAPA (Deferred Action for Parents of Americans and Lawful Permanents). DAPA was meant to 1) provide undocumented parents of U.S. citizens or Green Card holders with a way to remain in the U.S. with work authorization and 2) expand DACA (Deferred Action for Childhood Arrivals) by encompassing a wider
Michael H. Neifach
Supreme Court: Gender-Based Distinctions in Immigration Law Violate Equal Protection
By Maggie Murphy, Amy L. Peck & Michael H. Neifach on
Posted in US Immigration
A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal Protection Clause of the Constitution, the U.S. Supreme Court has ruled. Sessions v. Morales-Santana, No. 15-1191 (June 12, 2017).
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Travel Ban Case on Fast Track at Supreme Court
By Amy L. Peck & Michael H. Neifach on
Expectations are that the U.S. Supreme Court may decide soon whether to stay the injunctions blocking President Donald Trump’s travel ban. Meanwhile, the President has issued a Memorandum meant to amend and clarify the revised travel ban executive order.
The President declared that the 90-day travel ban and the 120-day ban on refugee admissions would …
Ninth Circuit Blocks Travel Ban
By Michael H. Neifach & Amy L. Peck on
Posted in Trump Administration
Joining the Fourth Circuit Court of Appeals and using President Donald Trump’s tweets to support its decision, the Ninth Circuit Court of Appeals in Hawaii v. Trump has continued to block the revised travel ban.
Unlike the Fourth Circuit, the Ninth Circuit did not rule on constitutional grounds. The unanimous three-judge panel ruled on statutory…
Trump Administration Seeks a Stay of Injunction Blocking Travel Ban
By Michael H. Neifach on
Posted in Trump Administration
On May 25th, the 4th Circuit Court of Appeals upheld the lower court’s injunction in International Refugee Assistance Project v. Trump blocking President Trump’s revised travel ban. The 4th Circuit found that the ban likely violated the First Amendment because it was based in religious animus. Attorney General Jeff Sessions vowed to appeal that…
Temporary Protected Status for Haitians Extended Six Months
By Michael H. Neifach on
Posted in I-9 and E-Verify
The Temporary Protected Status (TPS) program for Haitians will be extended an additional six months, until January 22, 2018, Secretary of Homeland Security John F. Kelly has announced. While in TPS, individuals are protected from deportation and they may obtain employment and travel authorization.
Approximately 60,000 Haitians in the United States are enrolled in the…
Federal Court Blocks Portion of Trump’s Executive Order Denying Federal Grants to Sanctuary Cities
By Amy L. Peck & Michael H. Neifach on
Once again, a U.S. District Court has blocked part of one of President Donald Trump’s Executive Orders – the January 25th EO “Enhancing Public Safety in the Interior of the United States.”. In explaining the purpose of that EO, President Trump stated “[s]anctuary jurisdictions across the United States willfully violate Federal law in…
H-1B Visa Executive Order
By Michael H. Neifach on
In the wake of the lowest number of H-1B visa petitions filed in five years (199,000), President Donald Trump has signed an Executive Order dubbed “Buy American, Hire American.” It is focused on reform of the H-1B non-immigration visa program, as well as the elimination of waivers and exceptions that are central to international trade…
Reminder: Glitch in Form I-9 in November 2016
By Michael H. Neifach on
Posted in Compliance and Enforcement, I-9 and E-Verify
USCIS is reminding employers that if they are continuing to use a Form I-9 (“Smart Form”) that was downloaded between November 14 (when the form first became available) and November 17, 2016, they should download, save, and start using a new Form I-9, available at uscis.gov/i-9 .
There was a glitch in the software during…
What Restaurateurs Need to Know About Immigration Raids on Their Premises
By Amy L. Peck & Michael H. Neifach on
Posted in Immigration and Customs Enforcement (ICE), USCIS