Archives: Immigration Litigation

Subscribe to Immigration Litigation RSS Feed

DHS Issues New Guidance on Temporary Protected Status for El Salvador, Haiti, Nicaragua, Sudan

Following Judge Edward Chen’s preliminary injunction blocking the termination of TPS status for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan, the DHS has issued guidance regarding its compliance with that Order. TPS status for beneficiaries from the four countries will continue so long as the preliminary injunction remains in effect. According to DHS, if … Continue Reading

Judge Halts Termination of Temporary Protected Status for El Salvador, Haiti, Nicaragua, Sudan

California Federal Judge Edward M. Chen has issued a nationwide preliminary injunction in Ramos v. Nielsen, preventing the Administration from implementing its decisions to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, and Sudan, pending final resolution of the case. This may be particularly good news for Sudanese TPS beneficiaries whose status is scheduled … Continue Reading

Trump Administration Largely Phasing Out TPS, But Legal Challenges Are Ongoing

Temporary Protected Status (TPS) may be an endangered species.  Having terminated TPS for Guinea, Liberia and Sierra Leone during the past year, the Trump Administration has turned its attention elsewhere.  There are currently ten remaining countries whose citizens are eligible for TPS.  Of those, six will be terminated over the next 18 months. The Trump … Continue Reading

Justice Department Seeks Injunctions Against California’s ‘Sanctuary Laws’

The Department of Justice filed suit in March challenging California’s so-called sanctuary laws. DOJ asserts that the state laws are preempted by federal law and requests injunctions to halt their enforcement. On June 20, 2018, during a hearing on the injunction request, the parties were questioned by U.S. District Court Judge John Mendez, a George … Continue Reading

Program for Foreign Entrepreneurs to End

On May 29, 2018, DHS published a proposed rule to remove the International Entrepreneur Parole Program (IER). This was hardly unexpected. Since January 25, 2017, when President Donald Trump issued the Border Security and Immigration Enforcement Improvements executive order, it has been clear that the Administration would seek to eliminate the IER as being an … Continue Reading

DACA Litigation and Legislation Update

DACA was set to terminate on March 5, 2018, based on President Donald Trump’s September 2017 announcement. To avoid the termination, the President challenged Congress to negotiate a legislative solution for the Dreamers. Negotiations ensued, but so did litigation and the issuance of an injunction. A federal court ordered DHS to continue to accept DACA … Continue Reading

Requirements for H-1B Petitions Involving Third-Party Worksites Are Unlawful, Lawsuit Alleges

USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges. Just before the 2019 H-1B filing deadline, USCIS issued a memorandum clarifying that petitioners who send employees to third-party worksites must provide significantly more evidence to show that … Continue Reading
LexBlog