On Jan. 23, 2025, in a suit filed in the U.S. District Court in Seattle by the attorneys-general of Washington State, Arizona, Illinois, and Oregon to overturn President Donald Trump’s executive order (EO) banning birthright citizenship, Judge John Coughenour enjoined enforcement of the EO, calling it “blatantly unconstitutional.” The judge issued a 14-day temporary restraining
Supreme Court
President Trump’s Executive Orders on Immigration and What They Mean for Employers
Following his inauguration on Jan. 20, 2025, President Donald Trump signed several executive orders designed to advance his immigration agenda. The orders include:
- Ending Birthright Citizenship
- Enhanced Vetting
- Creating “Homeland Security Task Forces”
- Ending Birthright Citizenship
This order directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to…
U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions
The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such revocation is a discretionary agency decision, thus not subject to judicial review.
This decision applies to petition…
Travel Ban Fears? Why Foreign National Students Urged to Return to U.S. Before Jan. 20
Some colleges and universities, out of an abundance of caution, are advising their foreign national students and staff who are traveling abroad for winter break to consider returning before President Donald Trump’s inauguration on Jan. 20, 2025.
It is not possible to predict what will happen with any certainty, but President Trump has spoken about…
DACA Case Update: Appeals Court’s Focus on Standing
Legal standing to sue is central to various state challenges to immigration policies. A party can only bring a lawsuit if they can demonstrate sufficient connection and harm from the challenged policy. The U.S. Supreme Court may soon address whether indirect economic harm is sufficient to confer standing, particularly in the context of the DACA…
Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials
In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse who argued that the federal government violated her due process rights by denying her Salvadoran spouse an…
Litigation Against OPT, STEM OPT Programs Ends With U.S. Supreme Court Denial of Petition to Review
The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows graduates in STEM fields to work in the United States for up to three years.
The…
States Lack Standing to Sue Over Immigration-Enforcement Guidelines, U.S. Supreme Court Rules
Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled. United States v. Texas, No. 22-58 (June 23, 2023).
In February 2021, recognizing that, of the more than 11 million removable noncitizens in the United States, the majority have become contributing…
WashTech Says OPT, STEM OPT Programs Invalid, Urges U.S. Supreme Court to Step In
An alliance of U.S. technical workers has petitioned the U.S. Supreme Court to find the OPT and STEM OPT programs invalid.
Since 2014, WashTech has been challenging the validity of OPT and STEM OPT through litigation. The alliance’s major concern is the allegation that the programs harm U.S. workers. Questions about the validity of these…
Coalition of States Files Motion to Shutter DACA Program
The Deferred Action for Childhood Arrivals (DACA) policy continues to be under attack. In Judge Andrew Hanen’s court in the Southern District of Texas, a coalition of Republican states filed a motion for summary judgment in a long-pending case alleging that the Biden Administration’s new DACA rule is no more valid than the original DACA…