Publications

Articles on Immigration Law

Illinois TRUST Act forbids local police from enforcing federal immigration law

By Matthew Hector
November
2017
LawPulse
Page 14
However, state and local law enforcement may enforce valid federal warrants and provide the feds with information about immigration status.

Arguing Affidavits of Support

By Stephanie L. Tang
August
2017
Article
Page 34
U.S. citizens must complete an affidavit of support if they file for their immigrant spouse to become a permanent resident. But if the partners divorce, the support obligation created by the affidavit is strict and potentially indefinite.

Immigration-related UPL is on the rise, attorneys report

By Matthew Hector
June
2017
LawPulse
Page 12
Chicago area immigration attorneys have reportedly seen an uptick in both demand for their services and immigration scams.

ISBA-backed legislation would require notice of immigration consequences of guilty pleas

By Matthew Hector
February
2017
LawPulse
Page 14
Other legislative proposals include altering the way life insurance proceeds are distributed to former spouses and increasing the credit defendants receive toward fines for time spent in jail.

Affidavits of Support: Another Option for Divorcing Immigrant Spouses

By Molshree Sharma
April
2015
Article
Page 32
In addition to seeking spousal maintenance, divorcing immigrants might have another, and perhaps better, way to seek support – suing to enforce the affidavit of support signed by their spouses.

Ethics opinion: Non-Illinois lawyers may practice immigration law in state

By Adam W. Lasker
December
2013
LawPulse
Page 606
New ISBA ethics opinions say non-Illinois lawyers can practice immigration law in the state, a lawyer can't be a municipality's prosecutor and hearing officer at the same time, and more.

Employers and Immigration Law: Be Careful Who You Hire - and Who You Don’t

By Douglas A. Hass
July
2013
Article
Page 360
Employers are barred from hiring people not legally authorized to work in the U.S. They're also forbidden from discriminating against noncitizens. Here's how they can avoid the squeeze.

The Illinois Secretary of State may issue driver’s licenses to undocumented immigrants. PA 097-1157

May
2013
Illinois Law Update
Page 228
Illinois lawmakers have amended the Illinois Vehicle Code to allow the Secretary of State to issue temporary driver's licenses to persons without documentation authorizing their presence in the United States. 625 ILCS 5/6-105.1.

SCOTUS could reconcile conflicting federal rulings on immigrants’ right to counsel

By Adam W. Lasker
April
2013
LawPulse
Page 170
The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.

Federal court: illegal alien’s recovery limited to foreign earning potential

By Adam W. Lasker
December
2012
LawPulse
Page 626
An undocumented alien can sue his former employer, but his recovery for future earnings is limited to what he could make outside of the U.S., an Illinois-based federal court ruled.

The Illegal Immigrant as P.I. Plaintiff: Determining Lost Wages

By Douglas A. Wolfe
June
2012
Article
Page 312
Is an undocumented immigrant plaintiff entitled to recover future lost wages at a U.S. rate of pay? No Illinois court of review has decided, but here’s a look at what other jurisdictions are doing and what Illinois might – and should – do.

Immigration Law for Illinois Attorneys

By Tom Gaylord
January
2012
Column
Page 54
Here's where to find basic immigration law information.

Immigration Law: The End of the Widow’s Penalty

By Dhenu Savla and Tejas Shah
July
2011
Article
Page 362
A recent change to the law allows specified family members of deceased U.S. citizens and legal permanent residents to become permanent residents.

Exposing Immigration Bias During Voir Dire

By David Holland and Gil Lenz
February
2011
Article
Page 82
Courts should allow questioning of prospective jurors on immigration-related bias, the authors say. They also suggest questions that can expose immigrant bias during jury selection.

GALS and cross-cultural custody

By Helen W. Gunnarsson
November
2010
LawPulse
Page 558

Foreseeing the “Four C’s” (Collateral Consequences of Criminal Convictions)

By Hon. Ron Spears
August
2010
Column
Page 432
The collateral consequences of conviction are often the gravest.

Act protects rights of detainees to access religious workers. PA 095-1022

March
2009
Illinois Law Update
Page 122
Illinois lawmakers created the Access to Religious Ministry Act of 2008 to ensure that religious workers have reasonable access to immigration-related detainees held in county jails in the state of Illinois. 730 ILCS 125/26.  

Identity theft law applies to undocumented immigrant’s purchase of social security card

July
2007
Illinois Law Update
Page 348
On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.

The Search for Illegal Workers: When Homeland Security Comes Knocking

By Minnie Fu and Neil H. Dishman
March
2007
Article
Page 132
DHS is stepping up enforcement against companies suspected of employing unauthorized workers. Here's how to survive a DHS investigation.

7CA: immigration petitioners get “below the minimum standards of legal justice”

By Helen W. Gunnarsson
January
2006
LawPulse
Page 10
The court reverses the Board of Immigration Appeals "a staggering 40 percent" of the time. Here's a look at the problem and some pointers for representing an asylum-seeking client.

Schools must provide public education regardless of immigration status

October
2005
Illinois Law Update
Page 506
The State Board of Education recently amended Part 1 of Title 23, effective July 13, 2005.

Helping Employers Respond to Social Security Number “No-Match” Letters

By Alisa B. Arnoff
August
2004
Article
Page 429
Here's how lawyers can help employer clients protect themselves from actions by the feds and employees.

Undocumented Workers’ Remedies for Employment-Law Violations in Illinois

By Michael K. Fridkin
May
2004
Article
Page 256
Despite a Supreme Court decision restricting their remedies under the NLRA, undocumented workers can still get relief under other employment laws, this author opines.

Record of Foreign Birth May be Created for Visa Holders P.A. 93-0645

March
2004
Illinois Law Update
Page 124
Effective immediately, the State Registrar of Vital Records may make and file a Record of Foreign Birth for a person born in a foreign country who has been granted an IR-3 visa by the U.S. Immigration and Naturalization Service.

Illinois OKs speaking in (native) tongues in the workplace

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
Habla Espanol in the workplace? You can now with impunity, as long as it's your native language and you're talking about non-work-related matters.

Judges must warn immigrants that guilty pleas can lead to deportation

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
A new law requires judges to warn immigrant defendants that their plea bargains can lead to deportation.

New Post-9/11 Registration Procedure for Foreign Workers, Students, and Visitors

By Robert S. White
May
2003
Article
Page 253
Failure to meet the requirements of the new procedure could lead to deportation and other unpleasant consequences.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2001
Column
Page 394
Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.

Aliens, Guilty Pleas, and the Risk of Deportation: Time for Legislative Action

By Moira K. Moran and Patrick M. Kinnally
April
2001
Article
Page 194
The authors recommend that the General Assembly require judges to admonish noncitizen defendants that they could be deported if they plead guilty.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

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