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.
Supreme Court
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.
Eugene Scalia May Become Next Leader of Labor Department
By Maggie Murphy on
When Alexander Acosta resigned as Secretary of Labor, his deputy, Patrick Pizzella, took over as Acting Secretary. Rather than keeping Pizzella in place, President Donald Trump announced on July 18, 2019, that he intends to nominate Eugene Scalia, the son of late-Justice Antonin Scalia, as the new Secretary.
President Trump tweeted that Eugene Scalia is…
Challenge to DHS Authority to Issue STEM OPT Extension Rule May Proceed, Court Rules
The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v. DHS held on July 1, 2019.
The Washington Alliance of Technology Workers (WashTech) has been fighting for practical training for students on various…