Legal standing to sue is central to various state challenges to immigration policies. A party can only bring a lawsuit if they can demonstrate sufficient connection and harm from the challenged policy. The U.S. Supreme Court may soon address whether indirect economic harm is sufficient to confer standing, particularly in the context of the DACA
DAPA / DACA
New Protections for Foreign National Spouses of U.S. Citizens Announced
President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000 such spouses from deportation and fear of deportation. The program is expected to launch by summer’s end.
This comes on the 12…
Efforts Continue to Legalize Work, Other Pathways for Undocumented Students, Asylum Seekers
Undocumented students are waiting for University of California (UC) leadership to issue a plan that would remove hiring restrictions for all UC students, regardless of immigration status.
The proposed plan, titled Opportunity For All (O4All), is supported by language in the 1986 Immigration Reform and Control Act (IRCA) that the prohibition of employment of undocumented…
DACA Final Rule is Unlawful, Judge Says
In the latest decision in the Deferred Actions for Childhood Arrivals (DACA) saga, Judge Andrew Hanen in the Southern District of Texas has found that the new DACA Final Rule issued by the Biden Administration was unlawful. In addition, he expanded the original July 16, 2021, injunction and order of vacatur to cover the…
Coalition of States Files Motion to Shutter DACA Program
The Deferred Action for Childhood Arrivals (DACA) policy continues to be under attack. In Judge Andrew Hanen’s court in the Southern District of Texas, a coalition of Republican states filed a motion for summary judgment in a long-pending case alleging that the Biden Administration’s new DACA rule is no more valid than the original DACA…
Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, Venezuelans with Sponsorship
As of January 6, 2023, Cubans, Haitians, Nicaraguans, and Venezuelans and their immediate family members may be eligible for safe passage into the United States for up to two years as parolees if they have a financial supporter. This program is like the Uniting for Ukraine program. Organizations, including companies, can provide the financial…
Foreign Student-Athletes and Name, Image, Likeness
Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing student-athletes (those headed for professional teams, as well as less prominent players) to profit from, and build their brands, while in…
New DACA Rule Reflects Court’s Limitations
The new Deferred Action for Childhood Arrivals (DACA) final rule is in effect – to the extent permitted by court orders.
DACA allows temporary protection from deportation for undocumented immigrants who came to the United States under the age of 16. There are approximately 600,000 immigrants, known as “Dreamers,” who are protected by DACA.
The…
DACA to Become Regulation
Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective.
To the dismay of many advocates for the “Dreamers,” however, the…
Massachusetts Poised to Grant Driver’s Licenses to Undocumented Immigrants
Massachusetts is on its way to joining 16 other states that grant driver’s licenses to undocumented immigrants.
On February 16, 2022, the Massachusetts House of Representatives passed The Work and Family Mobility Act by an overwhelming majority vote of 120 to 36. The bill is expected to pass the Massachusetts Senate. It is not clear…