Immigration Litigation

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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…

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 are just joining the list that includes California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Oregon, Nevada, Utah, Vermont, Washington, and the District of Columbia. The trend is continuing…

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…

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…

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…

It is no secret that H-1B visa denial rates have been on the rise over the last two years. Recent reporting sheds light on the litigation ensuing from those denials and the impact of denials on H-1B beneficiaries.

Sinduja Rangarajan is a senior data journalist at Mother Jones, a publication that focuses on investigative reporting,…

According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers.

Over the past few years, DHS has changed the way it reviews H and L visa petitions from employers, which has resulted in significant increases in Requests for Evidence (RFEs) and denials.…

Predictably, the “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” has been blocked from going into effect for the time being. The U.S. District Court in Portland, Oregon, in Doe v. Trump, issued a 28-day temporary restraining order (TRO) in an unusual weekend session…