Please see our legal update on the Supreme Court’s decision that federal law does not preempt a state’s ability to bring criminal prosecutions against individuals for providing false or fraudulent information in connection with their employment.
Immigration Litigation
White House Continues Efforts at Immigration Reform
By Brian Shyr on
President Donald Trump and his senior advisor, Jared Kushner, are continuing to try to build a coalition for immigration reform. They reportedly are trying to decide whether to move forward before November’s election.
Kushner first presented the 600-page comprehensive plan almost a year ago (lacking much in terms of publicly released details), but the President…
Driver’s Licenses for Foreign Nationals Valid for I-9 Purposes, Even If Non-REAL ID Compliant
By Maggie Murphy on
Long lines could be seen outside and around New York Department of Motor Vehicles offices as undocumented immigrants waited anxiously for hours in long queues to obtain driver’s licenses. Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey…
H-1B Visa Processing Delays Underscored by Extraordinary Need for Healthcare Workers
By Amy L. Peck on
Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014.
Businesses complain that they cannot obtain H-1B visas for key employees. Congress is looking into why these delays are taking place. In the meantime, foreign nationals become disenchanted and look for solutions in…
New York Sues DHS over Prohibition on New Yorkers’ Inclusion in Trusted Traveler Programs
New York Attorney General Letitia James is suing the U.S. Department of Homeland Security (DHS) in federal court (State of New York v. Wolf et al, 1:20-cv-01127) over its new policy prohibiting New Yorkers from registering or re-registering for various Trusted Traveler Programs.
New York residents were singled out by the Trump…
Federal Judge Blocks Enforcement of DHS’ “Unlawful Presence” Calculation
By Amy L. Peck on
International students at U.S. colleges and universities can feel a bit more secure now that a federal district court judge in North Carolina has permanently enjoined the government from enforcing its 2018 Policy Memorandum that changed how “unlawful presence” would be calculated.
Judge Loretta Biggs, in Guilford College et al. v. Chad Wolf, U.S. Department…
U.S. Supreme Court Lifts Injunction on Tough DHS Public Charge Rule
By Amy L. Peck on
The Trump Administration’s new Public Charge Rule can go into effect (for now, at least).
The U.S. Supreme Court, in a 5-4 ruling, has lifted the injunction that prevented DHS from enforcing its new Public Charge Rule despite New York’s argument that doing so would “inject confusion and uncertainty” into the process.
The Public Charge…
Liberian Refugee Immigration Fairness Act Allows Filing of Green Card Applications
By Forrest G. Read IV on
While Deferred Action for Childhood Arrivals (DACA) beneficiaries await the U.S. Supreme Court’s opinion and most Temporary Protected Status (TPS) beneficiaries also are in limbo, Liberians have been given what appears to be a pathway to citizenship due to passage of the Liberian Refugee Immigration Fairness (LRIF) Act as part of the National Defense…
Company Challenges USCIS Authority to Approve H-1B Visas for Less Than Period Requested
By Sarah P. Caze on
After receiving several H-1B approvals for periods shorter than requested, IT consulting services company Flexera Global has sued USCIS in the federal court for the Southern District of Texas requesting an order directing USCIS to approve H-1B petitions for the periods requested.
The Trump Administration has made it harder to onboard workers requiring an H-1B…
American Samoans are U.S. Citizens by Birth, Judge Rules
By Sean G. Hanagan on
The federal government’s practice of designating individuals born in American Samoa as “noncitizen nationals” is unconstitutional, U.S. District Judge Clark Waddoups has ruled. Fitisemanu et al. v. U.S., No. 1:18-cv-00036-CW (D. Utah Dec. 12, 2019). Judge Waddoups has directed the government to recognize the citizenship of individuals born in American Samoa.
U.S. Citizenship can…