Section Newsletters

Articles on Immigration Law

Seminar regarding new Supreme Court policy on foreign language interpreters International and Immigration Law, March 2015 If you were unable to attend or tune-in on February 19, 2015, the program will be available on demand on Fast CLE at the ISBA Web site within four to six weeks of the recording date.
Illinois international business calendar International and Immigration Law, December 2014 Upcoming events of interest to international and immigration law practitioners.
Making conditional residency unconditional for immigrant clients By Patrick M. Kinnally International and Immigration Law, October 2014 The issue of the validity of a marriage in the immigration arena rests on a single concept: At the time of the marriage, did the participants intend to share a life together? But in today's world, with prenuptial agreements and spouses who may work and live in different locations, providing proof of that intent may prove a challenge.
Practice tips By Lynne R. Ostfeld & Tejas Shah International and Immigration Law, October 2014 Make sure you're aware of these useful pointers!
Save the Date—Immigration legislation & caselaw update webinar International and Immigration Law, October 2014 Stay current with changes in immigration law by watching a one-hour webinar on November 5, 2014.
Asylum status and rules: A recurring dialectic By Patrick M. Kinnally International and Immigration Law, September 2014 The issue now on the forefront of immigration asylum law is whether an asylum applicant who has obtained asylum may have that status terminated because the original grant of asylum was procured by fraud.
Recent cases International and Immigration Law, September 2014 Recent decisions of interest to international and immigration law practitioners.
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 and Civil 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.
The legal rights of spanish-speaking families: Policy recommendations for a linguistic and culturally competent Illinois child welfare system By Denise I. Martinez Child Law, June 2014 In the last decade alone, Latinos in Illinois accounted for more than 32.5% of the total increase in the State’s population. Now is the time to build a competent child welfare system that will protect the most vulnerable Latino children in this state.
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. See, Bordenkircher v. Hayes, 434 U.S. 357 (1978).
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.

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