Publications

Section Newsletter Articles on Immigration Law

Class action lawsuits should cause Illinois immigration practitioners to re-think advice to clients detained under the Immigration and Nationality Act’s “mandatory detention” provision By Shannon M. Shepherd Human Rights, June 2014 The Immigration and Nationality Act requires detention of non-citizens charged with removability who have committed certain crimes. But due to the prolonged nature of immigration court cases, this can sometimes lead to lengthy detention of non-citizens even after they have served their sentences for the crime committed—raising serious human rights and constitutional questions.
Prosecutorial discretion and administrative closure in immigration law: A new adjudicatory rule By Patrick M. Kinnally International and Immigration Law, June 2014 At first blush, it may seem curious that the concept of prosecutorial discretion has any pertinence to immigration cases. As we know, prosecutors have unmitigated powers in charging individuals with crimes, opting not to bring a charge at all, or making recommendations concerning plea bargains, sentencing, or conferring immunity to the accused, as well as witnesses.
Recent cases International and Immigration Law, June 2014 Recent cases of interest to international and immigration law practitioners.
Driver’s licenses for undocumented immigrants: From enactment to enforcement, hurdles remain By Juanita B. Rodríguez Bench and Bar, April 2014 Nearly six months after the new law authorizing temporary driver's licenses for undocumented immigrants became effective, it is time to consider whether law enforcement agencies, specifically those dealing with traffic enforcement, have modified their practices.
Recent cases International and Immigration Law, March 2014 Cases of interest to international & immigration law practitioners.
The benefits and drawbacks of a grant of withholding of removal By Kristin Michel International and Immigration Law, January 2014 It is important to determine whether a client in removal proceedings who has a fear of being removed to her home country is eligible for asylum rather than simply withholding of removal.
Immigrants’ due process rights in immigration court hearings By Helen Harnett International and Immigration Law, January 2014 On February 13, 2013, the Seventh Circuit Court of Appeals decided the case of Smykiene v. Holder, which involved motions to reopen removal orders issued in absentia.
Kane County Bar Association initiates new Immigration Law Committee By Elizabeth McGuan International and Immigration Law, January 2014 Learn more about the new committee and what they hope to discuss at upcoming meetings.
Recent cases International and Immigration Law, January 2014 Recent cases of interest to international & immigration law practitioners.
The United States Bankruptcy Code does not discriminate against non-citizens By Maura K. McKeever International and Immigration Law, December 2013 Unfortunately, non-citizens who are faced with overwhelming debt are often reluctant to file for bankruptcy for fear that the bankruptcy petition will negatively impact their immigration status or application for citizenship. Ordinarily, however, filing for bankruptcy does not impact an individual’s immigration status or application for citizenship
An update on Comprehensive Immigration Reform (CIR) and its impact on employers By Tejas Shah International and Immigration Law, December 2013 The author shares his presentation from the Section's recent CLE program, "Immigration, Legislation and Case Law Update."
Recent cases International and Immigration Law, November 2013 Recent cases of interest to international and immigration law practitioners.
Contingency planning for the undocumented By Elizabeth McGuan International and Immigration Law, October 2013 It is estimated that there are over 5,100 children of undocumented parents in foster care in 22 states. As attorneys, while we may not be able to prevent the detention, with careful preparation, we can minimize the collateral damage to our clients, and most significantly, protect their parental rights.
Newsflash—Immigration legislation & caselaw update webinar Young Lawyers Division, October 2013 Mark your calendar now for this insightful program to be held on November 5, 2013!
Temporary protected status should be a welcome rule of law By Patrick M. Kinnally International and Immigration Law, October 2013 The author shares his views on our nation's immigration policies.
Unauthorized practice of immigration law and comprehensive immigration reform By Y. Judd Azulay International and Immigration Law, October 2013 Author Judd Azulay argues there is a need for strict controls over unauthorized practice of law in immigration cases to protect public interests and the competency and the efficiency of the legal system.
Newsflash—Immigration legislation & caselaw update webinar Agricultural Law, September 2013 Mark your calendar now for this insightful program to be held on November 5, 2013!
Recent cases International and Immigration Law, September 2013 Recent cases of interest to international and immigration law practitioners.
Non-citizen defendants charged with state drug crimes: Some new, refreshing jurisprudence By Patrick M. Kinnally International and Immigration Law, July 2013 Two recent decisions from the Supreme Court provide further definition to the area of State law drug possession and trafficking crimes and whether they constitute aggravated felonies which would make a non-citizen defendant deportable.
Right to counsel for immigrants: Franco-Gonzalez v. Holder By Cindy G. Buys International and Immigration Law, July 2013 Experienced immigration practitioners know that while noncitizens enjoy a statutory right to counsel in immigration-related proceedings, there is no right to government-appointed counsel if the noncitizen cannot afford an attorney.
Applying for naturalization and removal hearings: Can you get a remedy? By Patrick M. Kinnally International and Immigration Law, April 2013 The Seventh Circuit in Klene v. Napolitano has leveled the playing field. There is no legal reason to give priority to removal proceedings over naturalization proceedings.
Broadening the statutory grounds for asylum through the application of the Mixed-Motives Doctrine By Eric Choi International and Immigration Law, April 2013 The decision in Mustafa v. Holder may assist asylum seekers by broadening the scope of applicants who may be considered for relief from removal through the statutorily protected grounds of asylum under the INA.
Recent cases International and Immigration Law, April 2013 Recent cases of interest to international & immigration law practitioners.
Legislation on driver’s licenses for illegal immigrants presents administrative challenges to the Secretary of State’s Office By Marc Christopher Loro Human Rights, March 2013 This article reviews Public Act 97-1157's provisions, explains the challenges, and offers some thoughts on how those challenges could be met.
H-1B quota for 2014 By Tejas Shah International and Immigration Law, February 2013 A basic overview of the H-1B quota The 2014 fiscal year H-1B visa quota filing date is fast approaching. The quota opens on April 1, 2013 and it is anticipated that there will be a higher volume of applications this year than in the past three years.
Recent cases International and Immigration Law, February 2013 Recent cases of interest to International and Immigration Law practitioners.
Adjustment of status, false claims to United States citizenship and voting in elections By Patrick M. Kinnally International and Immigration Law, November 2012 The Adjustment of Status form can be a trap for the unwary practitioner.
Does your client’s business employ immigrants? By Scott D. Pollock International and Immigration Law, November 2012 The author provides the outline from his presentation at this year's CLE program, "What if Your Client is Foreign-Born?"
Immigration and refugee law issues Tibetan asylees have faced in the United States By Bayarjargal Sereenen International and Immigration Law, November 2012 The author examined 43 U.S. circuit court cases to learn more about the immigration issues Tibetan refugees face when they come to this country. 
Immigration update: Can civil union partners in Illinois apply for immigration benefits? By Shannon M. Shepherd Human Rights, November 2012 Are federal immigration benefits are available for our clients in same-sex relationships living in Illinois?