A recent non-binding report by the Government Accountability Office (GAO) found the appointments of Kevin McAleenan and Chad Wolf (both as “acting” DHS Secretaries) and Ken Cuccinelli (senior official performing the duties of the deputy secretary) violated the governing federal and DHS succession rules because they were not eligible for the positions they occupy.
Supreme Court
Public Charge Rule Update: Court Limits Nationwide Injunction to Connecticut, New York, Vermont
By Minnie Fu on
On August 12, 2020, the U.S. Court of Appeals for the Second Circuit limited the nationwide injunction on the Department of Homeland Security’s Public Charge Rule to three states: Connecticut, New York, and Vermont.
Since August 14, 2019, exactly one year ago today, when DHS published the final version of the new Public Charge Rule…
Judge Enjoins Public Charge Rule
By Sarah P. Caze on
On July 29, 2020, U.S. District Court Judge George B. Daniels of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Administration’s Public Charge Rule during the declared national health emergency in response to the COVID-19 pandemic.
The Rule makes it harder for foreign nationals to obtain green cards…
Current Beneficiaries May Renew DACA Status While Program Undergoes Review, Administration Announces
By Michael H. Neifach on
In response to the June 2020 U.S. Supreme Court decision that the DACA program had not been properly terminated by the Trump Administration, President Donald Trump has announced he will be instituting a comprehensive review of the program. During that review, current DACA beneficiaries will be able to renew their statuses for one year, he…
U.S. Supreme Court Rules Deferred Action for Childhood Arrivals Program May Continue
By Michael H. Neifach & Amy L. Peck on
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.
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…