In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court has ruled that the Administration acted improperly under the Administrative Procedures Act (APA) in terminating the Deferred Action for Childhood Arrivals (DACA) program, thus allowing the program to continue. See our analysis here.
Supreme Court
Rise of Imposter Claims for Unemployment
By Amy L. Peck on
The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for unemployment insurance.
Imposter claims are a type of identity theft; someone uses someone else’s personal information, including Social Security numbers, to collect unemployment compensation.…
U.S. Supreme Court: No Federal Preemption in State’s I-9 Fraud Case
By Michael H. Neifach & Amy L. Peck on
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.
Travel Ban Update: Administration Adds Six New Countries to List
By Kimberly M. Bennett on
Approaching the three-year anniversary of the issuance of President Donald Trump’s “Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States,” on January 31, 2020, Trump added six new countries to the list of affected countries: Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, Sudan, and Tanzania.
Pursuant to the Executive Order, the Secretary of…
New Public Charge Rule Effective February 24, USCIS Announces
By Amy L. Peck on
USCIS has announced the new Public Charge Rule will become effective on February 24, 2020, now that the U.S. Supreme Court has lifted the injunction.
This Rule affects legal immigrants (those who are legally in the United States and those who are seeking admission to the United States) and illegal immigrants (who have never been…
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…
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…
H, L Visas on DHS Regulatory Agenda
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.…
Supreme Court Hears Argument on Deferred Action for Childhood Arrivals Policy
By Michael H. Neifach & Amy L. Peck on
To read our publication from our practice group co-leaders on oral argument before the Supreme Court on DACA and implications of the proceedings, please go here.
Preemption Issues High Court is Considering in I-9 Fraud Case
By Amy L. Peck on
The U.S. Supreme Court has heard oral argument in a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Our article is here.