Correct Analysis Regarding “Particular Social Group” in Asylum ClaimsBy Ralph E. GuderianDiversity Leadership Council, June 2026To be granted asylum in the United States, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in U.S. immigration laws, and that the decision-maker should grant asylum as a matter of discretion. However, case law has infused certain flaws into the analysis that must be addressed and corrected.
The Supreme Court’s Unanimous Decision on the Standard of Review for Removal OrdersBy Jesse J. SolisDiversity Leadership Council, June 2026The Urias-Orellana et al. v. Bondi, Attorney General case held that the First Circuit applied the correct standard of review when reviewing the Board of Immigration Appeals’ determination for substantial evidence regarding persecution.
The U.S. Citizenship Application Process Is Changing in 2025By John RottierDiversity Leadership Council, June 2026Changes to the U.S. naturalization process took effect on October 20, 2025, including new civic test, stricter rules for exemptions, re-introducing neighborhood investigations, revised moral character standard, and more.
Does Iran Possess the Right to Close the Strait of Hormuz Under International Law?By Mohammad YousefInternational and Immigration Law, May 2026In the aftermath of the American-Israeli aggression with Iran, one of the most important issues may be Iran’s partial closure of the Strait of Hormuz to commercial vessels and oil tankers belonging to the United States, Israel, or their allies. In practice, the Strait has historically remained open to most commercial traffic despite Iranian threats. While the U.S. believes that Iran lacks a clear legal right to close the Strait, the non-ratification of UNCLOS, its status as a “persistent objector” to transit passage, and the customary nature of the 1958 Convention as universally accepted provisions, give Iran some room to contest the rules.
Illinois Bivens Act: Can States Authorize Suits Against Federal Officers?By Cindy G. BuysInternational and Immigration Law, May 2026In December 2025, Illinois adopted HB1312, also known as the Illinois Bivens Act. This new law creates a state law private cause of action against “any person who, while conducting civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the U.S. Constitution.”
When Taking the Human Factor Into Consideration Maybe Amnesty Should Be Granted as It Was in 1986By Ralph E. GuderianInternational and Immigration Law, May 2026With increasing immigration conflict across the U.S., it is important to consider the human element in amnesty determinations. Individuals seeking asylum are already here and making them wait years for their case to be heard because of the backlog does not seem right. Further, if they have a realistic hope for asylum, to make them also suffer “cognitive dissonance”—sadness, decreased satisfaction, and intense disappointment—when their case is denied does not seem right.
Correct Analysis Regarding “Particular Social Group” in Asylum ClaimsBy Ralph E. GuderianInternational and Immigration Law, April 2026To be granted asylum in the United States, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in U.S. immigration laws, and that the decision-maker should grant asylum as a matter of discretion. However, case law has infused certain flaws into the analysis that must be addressed and corrected.
Cybersecurity in the International Maritime Industry: Threats, Risks, and the Expanding Scope of SeaworthinessBy H. Vincent DraaInternational and Immigration Law, April 2026The maritime industry is now one of the world’s most heavily targeted critical sectors. Digital transformation—though essential—has opened new avenues for malicious actors ranging from sophisticated APT groups to ransomware syndicates and cyber‑enabled pirates. Recent legal scholarship and regulatory changes confirm that cybersecurity has become inseparable from the doctrine of seaworthiness. Failure to address foreseeable cyber risks can give rise to contractual liability, regulatory sanctions, and operational failures.
Philip N. Hablutzel, 1935-2026International and Immigration Law, April 2026In memory of Philip N. Hablutzel, a dedicated husband, father, and attorney who served in various capacities throughout his life.
The Supreme Court’s Unanimous Decision on the Standard of Review for Removal OrdersBy Jesse J. SolisInternational and Immigration Law, April 2026The Urias-Orellana et al. v. Bondi, Attorney General case held that the First Circuit applied the correct standard of review when reviewing the Board of Immigration Appeals’ determination for substantial evidence regarding persecution.
Women at the Center: Community Responses to Federal Immigration Activity in Chicago and the Surrounding SuburbsBy Kat DelgadoInternational and Immigration Law, April 2026Over the past several months, many Chicagoland residents have observed an increased federal presence in the city and surrounding suburbs. These temporary operations, largely related to immigration enforcement, have been visible and disruptive and have prompted widespread community responses. For women living in Illinois and practicing law, these events do not exist in an abstract or theoretical space, but rather intersect directly with the lived realities of local families and with the legal systems designed to protect them.
Chair’s ColumnBy Natalia CurtoInternational and Immigration Law, February 2026A note from the Chair of the International and Immigration Law Section Council, reflecting on current events.
CLE Opportunities!International and Immigration Law, February 2026Don't miss upcoming CLE programming hosted by the International and Immigration Law Section!
ISBA General Assembly Adopts Resolutions To Protect Noncitizens’ Constitutional RightsBy Cindy G. BuysInternational and Immigration Law, February 2026At the ISBA Midyear Meeting in December 2025, the International and Immigration Law Section Council sponsored, and the General Assembly adopted, a resolution in support of certain actions taken by the American Bar Association (ABA) to protect the constitutional rights of noncitizens in the United States.
Part I: An Eye for an Eye—Religion and Law Combined—Saudi ArabiaBy Ralph E. GuderianInternational and Immigration Law, February 2026Part I of this article provides an analysis of the historical influence of Saudi Arabia, Islam, and the Saudi ruling royal family.
The U.S. Citizenship Application Process Is Changing in 2025By John RottierInternational and Immigration Law, February 2026Changes to the U.S. naturalization process took effect on October 20, 2025, including new civic test, stricter rules for exemptions, re-introducing neighborhood investigations, revised moral character standard, and more.
Visa Processing Paused for 75 Countries: What Immigrant Visa Applicants Need To KnowBy John RottierInternational and Immigration Law, February 2026On January 14, 2026, the Trump Administration announced a significant change to U.S. immigrant visa processing. Effective January 21, 2026, the Department of State will pause the issuance of immigrant visas for applicants from 75 designated countries, based on a new policy that creates a presumption of public charge inadmissibility for individuals applying with passports from the affected countries.
Protect Your Profits: Build a Tariff RoadmapBy Angela PetersInternational and Immigration Law, August 2025Register today for Protect Your Profits: Build a Tariff Roadmap to learn more about how to assess your tariff exposure, including tariff mitigation strategies.
Chair’s ColumnBy H. Vincent Draa, IIIInternational and Immigration Law, May 2025A note from the chair.
Is Free Speech for Everyone in America?By Junaid AfeefInternational and Immigration Law, May 2025It sounds like a rhetorical question; of course, it is. Right? For decades, flag burning, hate group marches, vile protests at servicemembers’ funerals,and more were deemed protected under the First Amendment. The idea was to ensure all political speech remains uncensored; to do so, we must tolerate polarizing, offensive, or even hateful speech. Although noncitizens enjoy First Amendment protections, the government's plenary authority over immigration allows it to penalize them in ways that effectively chills free speech.
SEVIS Termination Crisis: 2025By Likitha Reddy PeesariInternational and Immigration Law, May 2025In early 2025, thousands of international students in the U.S. lost their F-1 status due to the abrupt termination of their SEVIS records, often triggered by minor infractions, administrative errors, or vague national security concerns. These terminations caused severe legal, academic, and emotional distress for students. Legal challenges, led by organizations like the ACLU, have resulted in court-ordered reinstatements of SEVIS records for many students. The crisis highlights systemic flaws in the immigration process and has broader implications for U.S. higher education, including declining international enrollment and calls for immigration reform.
A Thumbnail Sketch of the Indian Personal Data Protection Rules, 2025By H. Vincent Draa, FCI Arb, CFEInternational and Immigration Law, May 2025India's Digital Personal Data Protection Act, 2023 (DPDPA) marks a significant shift in data privacy regulation. On January 3, 2025, the government released draft Digital Personal Data Protection Rules, 2025 to clarify and operationalize the Act, emphasizing informed consent, data security, and individual rights. The Rules aim to enhance personal data protection in India, with potential changes expected after public consultation.
Chair’s ColumnBy H. Vincent DraaInternational and Immigration Law, March 2025A note from the chair regarding recent section council activity.
Challenging and Setting Aside International Commercial Arbitral AwardsBy H. Vincent DraaInternational and Immigration Law, March 2025The arbitration process usually culminates in a final award, which a party has a limited right to challenge. However, the value of such challenges is a point of contention. Opponents of judicial review contend that it weakens the quick resolution sought in arbitration. Proponents, on the other hand, argue that the absence of review, combined with the considerable authority of arbitrators, introduces potential risks. Despite this ongoing debate, courts typically adopt a narrow approach when reviewing arbitral awards, acknowledging the limited bases upon which challenges can be made.
The Draft Arbitration and Conciliation Amendment Bill, 2024: A Step Towards Reforming India’s Arbitration Framework?By Manish DemblaInternational and Immigration Law, March 2025The Draft Arbitration and Conciliation Bill, 2024, aims to significantly transform India’s arbitration landscape. This comprehensive draft seeks to align and modernize India’s arbitration practices with those of the world and meet domestic challenges. This article examines some of the key provisions of the draft bill.
India: Delhi High Court Ruling Reshapes Sports Governance and Raises Animal Welfare ConcernsBy H. Vincent DraaInternational and Immigration Law, March 2025In an important decision with implications for both sports law and animal welfare, the Delhi High Court's judgment in Rajasthan Equestrian Association v. Union of India & Ors.has overturned a controversial exemption granted to the Equestrian Federation of India by the Ministry of Youth Affairs and Sports. This ruling scrutinizes the government's discretionary power to relax national sports governance standards and, crucially, addresses the legal status of equine “athletes” within the context of sports regulation.
