Illinois Bar Journal


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Articles on Immigration Law

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 For custody disputes involving international and immigrant families, determining what's best for the child can be especially difficult.
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.
The Lawyer’s Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
Extension of standards to obtain immigrant status for assistance under several state programs August 1999 Illinois Law Update, Page 406 On May 30, 1999, the Illinois Department of Human Services adopted amendments under sections 112, 113, and 114 of the Illinois Administrative Code. 89 Ill Adm Code 113-15.
The Lawyer’s Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
New State Food Program for Immigrants April 1999 Illinois Law Update, Page 190 On February 1, 1999, the Department of Human Services adopted a new subsection under section 121. 89 Ill Adm Code 121.