Immigration Litigation

The “Dreamers” have received another reprieve from the U.S. Supreme Court.

DACA litigation has been in the news since September 2017, when then-Attorney General Jeff Sessions announced the DACA program would be terminated. In response to that announcement, multiple lawsuits were filed in federal courts in California, New York, Maryland, Texas, and the District of Columbia, resulting in multiple nationwide injunctions blocking the termination of the program. Indeed, the injunctions have forced USCIS to continue granting DACA renewals.


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Volume “impact litigation” in the U.S. District Court for the District of Columbia may lead to details of the basis of alleged, unannounced, new USCIS policies regarding the H-1B visa program.

Attorneys are alleging that USCIS is using new policies to adjudicate H-1B petitions, without properly completing the required notice-and-comment procedures for administrative rule changes

On August 8, 2018, DHS issued a new policy that announced that foreign students would begin accumulating “unlawful presence” if any violation of status had occurred, whether known to the student or not. On May 3, 2019, in Guilford College et al. v. DHS, Judge Loretta C. Biggs in the U.S. District Court for

President Donald Trump has extended the wind-down period for termination of Deferred Enforced Departure (DED) status for beneficiaries from Liberia from March 31, 2019, to March 30, 2020.

DED, like Temporary Protected Status (TPS), allows individuals from certain nations to remain in the United States, despite being otherwise removable, because of civil or political

In 2016, a married gay couple in Canada became parents of twins using a surrogate mother. One father is a U.S. citizen, the other an Israeli citizen. The two fathers made a decision to contribute one embryo each to the surrogate mother so the twins would be biologically related to each of them. However, that

The 2020 decennial census is scheduled to begin on April 1, 2020, but several cases challenging the Administration’s decision to include a citizenship question in the census are putting the Administration’s June 30, 2019, “go to print” deadline at risk.  The question asks, “Is this person a citizen of the United States?”

The case

Hondurans and Nepalis in the U.S. in Temporary Protected Status (TPS) just got a break.

TPS for beneficiaries from Nepal was set to terminate on June 24, 2019. TPS for beneficiaries from Honduras was set to terminate on January 5, 2020. On March 12, 2019, the Administration entered into an agreement with the plaintiffs challenging

TPS employment authorization has been extended automatically until January 2, 2020, for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan.

In October 2018, a preliminary injunction was issued in Ramos v. Nielsen, preventing implementation of the Administration’s decision to terminate TPS for the four countries.  At that time, DHS announced that if the injunction were