Articles on Immigration Law

A modern-day dual sword of Damocles: The current threat looming over sanctuary cities By Juanita B. Rodriguez Local Government Law, May 2018 As immigration reform rises to the top of the nation's political agenda, emphatic rhetoric from both sides centers on sanctuary policies enacted by state and local governments.
Refugee resettlement 2017 By Cindy G. Buys International and Immigration Law, March 2018 In September 2017, President Trump issued his most recent determination capping refugee admissions for FY 2018 at 45,000, an all-time low in the history of the U.S. refugee resettlement program.
Temporary protected status (TPS) By Cindy G. Buys International and Immigration Law, March 2018 Pursuant to INA 244, (8 U.S.C. 1254), the Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
“Travel ban” litigation 2017 By Cindy G. Buys International and Immigration Law, March 2018 A look at the various lawsuits filed against President Trump's Executive Orders limiting entry into the United States.
Immigrants (We get the job done) By Hon. Geraldine D’Souza Racial and Ethnic Minorities and the Law, February 2018 As members of the legal community we must let our voice be heard and make sure our country continues to be the land of opportunity and the melting pot that we cherish so dearly.
Recent cases International and Immigration Law, January 2018 Recent cases of interest to international & immigration law practitioners.
Wage obligations of H-1B visa sponsors By Michael R. Lied International and Immigration Law, January 2018 If an H-1B employee is in nonproductive status due to a decision by the employer, the employer is required to pay the employee’s salary. However, once there has been a bona fide termination of the employment relationship, the H-1B employee is no longer entitled to any further salary.
Immigration support affidavit enforceable in divorce proceedings By Michael R. Lied International and Immigration Law, December 2017 A summary of In re: Marriage of Ashlyne and Vikash Kumar.
Who gets to make the call: U Visas, Immigration Judges and the Seventh Circuit Court of Appeals By Patrick M. Kinnally International and Immigration Law, December 2017 Once a U-nonimmigrant has obtained such status he/she may adjust to lawful permanent resident status provided certain conditions are met. Sound like good policy? It's not, according to the administrators.
Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme Court By Robert Heuer International and Immigration Law, November 2017 On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.
“Chipping away at a promise”: Pretrial diversion agreements and immigration convictions By Patrick M. Kinnally International and Immigration Law, October 2017 If an INA conviction is part of the pretrial diversion agreement or a statement during the PDA hearing that amounts to the requirements for such a conviction your client may become removable or inadmissible. In so doing the remedial object of the PDA for the immigrant defendant would be lost.
Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme Court By Robert Heuer Human and Civil Rights, September 2017 On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd International and Immigration Law, August 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
New I-9 form and employer handbook By Michael R. Lied International and Immigration Law, August 2017 US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
New I-9 form and employer handbook By Michael R. Lied Labor and Employment Law, August 2017 US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
Pleading guilty and immigrant criminal defendants: A renewed call for a new law By Patrick M. Kinnally International and Immigration Law, August 2017 Author Pat Kinnally argues that Illinois' judicial admonition law is ineffective.
Recent cases International and Immigration Law, August 2017 Recent cases of interest to international & immigration law practitioners.
Airport attorneys By Fiona McEntee Diversity Leadership Council, June 2017 Attorney Fiona McEntee shares what it was like to rush to O'Hare Airport to help newly arriving refugees in the wake of President Trump's 'travel ban.'
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd Employee Benefits, June 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd Corporate Law Departments, June 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
Legal Authority and judicial oversight of Executive Order 13769 By Matt Timko Diversity Leadership Council, June 2017 A look at the legal authority and challenges brought against Executive Order 13769, which bans nationals from certain “countries or areas of concern.”
Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effect By Jacob Hogg & Rebecca Mancini Employee Benefits, June 2017 Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
Citizenship: A road not easily traveled By Brenda Mathis Law Related Education for the Public, May 2017 The path to becoming a naturalized U.S. citizen is not easy-- do you know the process involved?
Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effect By Jacob Hogg & Rebecca Mancini International and Immigration Law, May 2017 Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
USCIS to suspend premium processing service beginning April 3 By Rebecca Mancini & Jacob Hogg International and Immigration Law, May 2017 USCIS indicated that the temporary suspension will help them reduce overall H-1B processing times and to prioritize adjudication of pending petitions in a backlog. It is anticipated that the suspension will last for up to six months.
National Security Entry-Exit Registration System (NSEERS): Is the program over? By Patrick M. Kinnally International and Immigration Law, March 2017 There is little doubt that our federal government has the duty to protect us from those who would do us harm. Although we welcome that, what is the price to our democracy?
President Trump issues updated immigration order By Jacob Hogg & Rebecca Mancini Corporate Law Departments, March 2017 Foreign national employees who are from one of the listed countries should refrain from international travel for the duration of the ban – until June 14, 2017, or until further notice.
Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effect By Jacob Hogg & Rebecca Mancini Corporate Law Departments, March 2017 Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
USCIS to suspend premium processing service beginning April 3 By Rebecca Mancini & Jacob Hogg Corporate Law Departments, March 2017 USCIS indicated that the temporary suspension will help them reduce overall H-1B processing times and to prioritize adjudication of pending petitions in a backlog. It is anticipated that the suspension will last for up to six months.
Office of Special Counsel provides discrimination guidance By Michael R. Lied International and Immigration Law, February 2017 In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.

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