Publications

Section Newsletter Articles on Immigration Law

Seventh Circuit speaks on time limits for filing motions to reopen in Sarmiento v. Holder By Shannon M. Shepherd International and Immigration Law, November 2012 In Sarmiento v. Holder, the Court analyzed the finality of immigration court and Board of Immigration Appeals (BIA) decisions in the context of subsequent motions to reopen and reconsider.
I-9 Compliance: Information for employers By Scott D. Pollock International and Immigration Law, September 2012 Common questions and answers for employers dealing with Form I-9.
Recent cases International and Immigration Law, September 2012 Recent cases of interest to immigrational and immigration law attorneys.
Tax and estate planning issues for non-citizens By Michael R. Pieczonka and David A. Berek International and Immigration Law, September 2012 The second installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Tax & estate planning issues for non-citizens By Michael R. Pieczonka and David A. Berek International and Immigration Law, August 2012 The first installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Asylum and withholding of removal: The necessity for appointed counsel By Craig R. Miller International and Immigration Law, July 2012 When an indigent, deportable alien speaking little or no English is not appointed an attorney, the outcome of a removal proceeding is fundamentally unfair.
“The newlywed game”—Marriage fraud in immigration: Ethical guidance By Jesse Hodierne International and Immigration Law, May 2012 A discussion of marriage-based immigration, the federal laws curtailing and prohibiting marriage fraud, and recommended actions for attorneys who know or suspect their clients are committing marriage fraud in an attempt to circumvent the immigration laws of the United States.
Representing undocumented immigrants in civil cases—False documents, lying and aliases: Don’t ignore them By Patrick M. Kinnally International and Immigration Law, May 2012 Four recent cases highlight the issue of the use of deception by using phony documents or assuming an identity. Two are criminal cases, two are civil. Read these opinions.
H-1B quota for 2013 By Tejas Shah International and Immigration Law, April 2012 While it is anybody’s guess how quickly the quota will fill up this year, it is reasonably certain that it will fill up sooner than in past years.
Lawful permanent resident aliens: Is there a right to return? By Patrick M. Kinnally International and Immigration Law, March 2012 The decision in Vartelas v. Holder should be of substantial significance to lawful permanent resident aliens who long ago may have committed crimes which made them excludable or deportable from the United States.
Recent cases International and Immigration Law, March 2012 Recent cases of interest to international & immigration attorneys.
The ARDC can now investigate and prosecute the unauthorized practice of law—Good news for immigrants By Scott D. Pollock International and Immigration Law, January 2012 Last month the Illinois Supreme Court amended its rules, thereby enhancing the ARDC's authority and benefiting immigrants to the U.S. and their family members, who have a particularly critical need for competent legal advice and representation. 
ISBA Section on International and Immigration Law sponsors “Careers in International and Immigration Law” panels at Chicago-area law schools By Tejas Shah International and Immigration Law, January 2012 A summary of the recent panels, "Careers in International and Immigration Law," held at three law schools in Chicago and sponsored by the ISBA's International & Immigration Law Section.
Immigration detainers violate human rights By Kelly Brackley Human Rights, December 2011 Why should immigrants be treated any differently from anyone else who is arrested—why are they denied due process?
The Child Status Protection Act is to protect children By Patrick M. Kinnally International and Immigration Law, October 2011 In the recently decided case of Arobelidze v. Holder, the 7th Circuit Court of Appeals opined that non-precedential Board of Immigration decisions, ones that do not equate with the force of law do not deserve Chevron deference, because they do not have the “power to persuade.”
Federal law vs. the University of Illinois Act and other similar state statutes that provide in-state tuition benefits to qualifying immigrants By Elizabeth Adams International and Immigration Law, October 2011 Both lawful and unlawful immigrants who received a high school education in the United States face out-of-state tuition rates even if they wish to attend a college in the same state they attended high school. To lessen this burden, several states across the country have passed laws which grant in-state tuition to unlawful immigrants based on a variety of factors.
Recent cases International and Immigration Law, October 2011 Recent cases of interest to international & immigration law practitioners.
USCIS announcement regarding job creation: The first step in a pro-growth immigration policy? By Tejas Shah International and Immigration Law, October 2011 An examination of the August 2nd USCIS announcement, its significance, and legal considerations. 
Immigrants beware—Trademark counterfeiting Is aggravated felony INA §101 By Joseph T. Nabor Intellectual Property, September 2011 Criminal trademark counterfeiting is counterfeiting, and an aggravated felony under INA § 101(a)(43)(R), 8 USC § 1101(a)(43)(R), and supported Immigration judge's removal order. Ninth Circuit rejects argument "counterfeiting" referred only to currency. Rodriguez-Valencia v. Holder, 99 USPQ2d 1476 (9th Cir. 2011).
LGBT Immigrant Rights Initiative By Mark E. Wojcik International and Immigration Law, September 2011 The National Immigrant Justice Center announced that it has changed the name of its LGBT-focused project from the “National Asylum Partnership on Sexual Minorities” to the “LGBT Immigrant Rights Initiative.”
Analysis of order preliminarily enjoining Arizona S.B. 1070 By David W. Austin Human Rights, August 2011 S.B. 1070 has already generated a number of resolutions in both the Illinois House and Senate, as well as the Chicago City Council, all calling for its repeal.
Illinois civil unions—will they provide immigration benefits to noncitizens? By Rebecca L. Warren International and Immigration Law, August 2011 A look at civil unions in the context of immigration—Can they be recognized for immigration purposes?
Immigration obstacles for same-sex couples civilly united in Illinois By Angela Rollins International and Immigration Law, August 2011 Even though same-sex couples can now enter into civil unions in Illinois, same-sex binational couples are unable to recognize the same benefits as married opposite-sex couples under the Immigration and Nationality Act.
The new Arizona immigration law mirrors existing federal law By Peter LaSorsa Human Rights, August 2011 The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.
Some comments from Arizona By Kathryn E. Eisenhart Human Rights, August 2011 Some thoughts about SB 1070 from author Kathryn Eisenhart.
Thoughts on Senate Bill 1070 By Scott Turner Human Rights, August 2011 According to author Scott Turner, "...if this bill is examined in a subjective way, one can see that the motivations behind Senate Bill 1070 have very little to do with race."
Further information on Section Council Chairs International and Immigration Law, July 2011 A nearly complete list of Section Chairs of The Globe since 1966.
Meet the Section Council International and Immigration Law, July 2011 Get to know Council members Tejas Shah and Maura McKeever.
The New U-Visa Regulations directly undermines Congressional intent to foster a better relationship between justice system and immigrant crime victims By Stavri Vako International and Immigration Law, July 2011 Each time a law enforcement agency refuses to sign a U-Visa certification, perpetrators of crimes against immigrants are not prosecuted. Immigrant victims who are willing to aid law enforcements in their investigations are blocked in their efforts by the lack of certification from obtaining relief under the Violence Against Women Act. Such result is not what Congress intended when it created the U-Visa Program.
Recent cases International and Immigration Law, July 2011 Recent cases affecting international & immigration law practitioners.