Publications

Section Newsletter Articles on Immigration Law

Removal proceedings: A right of cross-examination By Patrick M. Kinnally International and Immigration Law, September 2016 A recent opinion from our Seventh Circuit Court of Appeals, Karroumeh v. Lynch, is a fair example of why cross examination in immigration cases is a safeguard immigration courts need to not only implement, but require.
Career panel on immigration and international Law at University of Illinois College of Law By David W. Aubrey International and Immigration Law, June 2016 On March 14, 2016, the U of I College of Law’s career services office and the law school library hosted a career panel on jobs related to international law, which included two members of the ISBA's Section on International & Immigration Law.
Does the Immigration and Nationality Act allow discrimination based on religion? By Cindy G. Buys International and Immigration Law, June 2016 Why would Congress ban discrimination on these other common grounds, but not include religion?
Homeland Security publishes new STEM OPT rule By Songhee Sohn Diversity Leadership Council, June 2016 This new rule makes far-reaching changes to the existing program and contains both opportunities and responsibilities for U.S. employers that employ recent foreign national graduates.
Legislative report By Cindy G. Buys International and Immigration Law, June 2016 The ISBA's International & Immigration law Section Council has reviewed pertinent legislation currently before the Illinois General Assembly.
A red flag: Orders of Protection and deportability for resident aliens By Patrick M. Kinnally International and Immigration Law, June 2016 Recent case law shows what may amount to misdemeanor or perhaps civil violations of protection orders may have far-reaching consequences including removal from the United States.
Third Annual Immigration Law Update Live Webcast By Tejas Shah and Scott Pollock International and Immigration Law, June 2016 On January 22, 2016, the ISBA’s International and Immigration Law Section presented its 3rd annual Immigration Law Update “Changes that Affect Your Practice and Clients,” a live webcast.
DHS publishes new STEM OPT Rule with effective date of May 10, 2016 By Songhee Sohn International and Immigration Law, April 2016 This new rule makes far-reaching changes to the existing program and contains both opportunities and responsibilities for U.S. employers that employ recent foreign national graduates.
Recent cases International and Immigration Law, February 2016 Recent cases of interest to international & immigration law practitioners.
New STEM OPT extension rules to extend the program have been proposed By Tejas Shah, Songhee Sohn, and Peter Land International and Immigration Law, December 2015 The proposed rules preview changes to the practical training guidelines for foreign students who are currently studying or have completed studies in the academic areas of science, technology, engineering and mathematics in the U.S. and elect to work to enhance their knowledge in a STEM field.
Sometimes employer may lawfully ask for additional documents after internal I-9 audit By Michael R. Lied International and Immigration Law, December 2015 How to advise a client following an internal audit of the client’s Forms I-9.
Undocumented, documented, or citizen? By Sofia Zneimer International and Immigration Law, December 2015 This article maintains that the status of a non-citizen in the United States is not relevant and argues that such determination requires factual, statutory, regulatory, and case analysis, and requires expert opinion.
Conditional residency in immigration family law cases: Who has the burden of proof? By Patrick M. Kinnally International and Immigration Law, November 2015 The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Immigration status needs expert testimony if relevant By Sofia Zneimer International and Immigration Law, November 2015 A fictionalized account that illustrates that immigration law is simply too complex to permit either party to discuss immigration status without expert testimony.
Illinois appellate court takes position on special immigrant juvenile petition By Shannon M. Shepherd Human Rights, October 2015 In Estate of Nina L., the Illinois Appellate Court vacated the trial court’s refusal to make certain findings, which would allow a minor child to petition for immigration benefits as a Special Immigrant Juvenile.
Recent cases International and Immigration Law, September 2015 Recent cases of interest to international & immigration law practitioners.
Recent H-2B program changes require careful planning by employers By Tejas Shah International and Immigration Law, September 2015 Given the flux and uncertainty within the H-2B program and the impact of the new IFR on recruitment timelines, employers with temporary worker needs during 2015 and the first half of 2016 are well-advised to begin planning now.
Recent H-2B program changes require careful planning by employers By Tejas Shah Corporate Law Departments, September 2015 Given the flux and uncertainty within the H-2B program and the impact of the new IFR on recruitment timelines, employers with temporary worker needs during 2015 and the first half of 2016 are well-advised to begin planning now.
Immigration reform and diversifying your workforce By Edward N. Druck and Tejas Shah Diversity Leadership Council, June 2015 Recent executive actions enacted by the President and the Department of Homeland Security are estimated to collectively provide work authorization to 4 million undocumented individuals across the U.S., and impact hundreds of thousands of individuals in the state of Illinois alone.
DHS extends eligibility for work authorization to the spouses of certain H-1B status holders By Tejas Shah International and Immigration Law, April 2015 It is estimated that the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years.
Practice tips By Lynne R. Ostfeld International and Immigration Law, April 2015 The latest in this regular feature from Chair Lynne Ostfeld.
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 and 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 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.
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.