DACA

News & Analysis as of

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

Employment Authorization Soon to Extend to Certain Spouses of H-1B Visa Holders

As our readers are no doubt familiar, there has been much wrangling over the ruling of a federal judge in Texas who imposed an injunction on President Obama’s plan to expand employment authorization to an additional 300,000...more

2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction

In a Thursday midnight filing last week, the U.S. Department of Justice (DOJ) lawyers disclosed that the Department of Homeland Security (DHS) issued about 2,000 three-year work permits (as opposed to the currently authorized...more

Handling Employment Authorization Document (EAD) Issuance Delays

All workers employed in the United States must be able to present proper documents evidencing their identity and work authorization for purposes of completing the Form I-9. One such document is the Employment Authorization...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

DHS Funding Hangs In Balance While Congress Squares Off Over Executive Action on Immigration

Congressional standoff over immigration plays out through debate on DHS funding bill - A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff...more

How Employers Need to Address New Individuals or Identities in the Workplace

On November 20, 2014, President Obama announced an Immigration Accountability Executive Action that, among other things, provides new or expanded immigration benefits to certain unauthorized immigrants. The expanded Deferred...more

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and...more

Federal Judge Enjoins President’s Immigration Action

On Monday, February 16th, a federal judge in Texas ruled in favor of the state of Texas and 25 other states to halt President Obama’s executive action on immigration, which was announced in November 2014. HRLegalist...more

DAPA Program Implementation Halted by Federal Judge

On February 16th, a federal district court in Brownsville, Texas, entered an order prohibiting enforcement of the Obama administration’s Deferred Action for Parents of Americans and Lawful Permanent Residents. Intended to go...more

DHS Halts Implementation of DACA Expansion and DAPA

The Obama administration announced on Tuesday, February 17th that it will comply with an injunction temporarily blocking its plan to shield millions of people who are in the United States illegally, suspending applications...more

DHS Will Not Begin Accepting Expanded DACA Applications on February 2015

On February 17, 2015, Secretary Jeh C. Johnson announced that the Department of Homeland Security (DHS) will not accept requests under the expanded DACA initiative on February 18, 2015, as originally planned, due to the...more

Implementation Of DACA Expansion And New DAPA Program Delayed

Even before the President’s executive actions on immigration have been implemented, there is a new development. On Monday, a federal district court in Texas issued a preliminary injunction blocking implementation of the new...more

Immigration Corner: Helpful Guidance in a Tricky I-9 Situation, and a "Known Employer" Program in Development

This month: Helpful guidance in a tricky I-9 situation, and a "Known Employer" program in development. I-9 Guidance and Handling Former Documents that are Not Genuine - On February 18, 2015, the United States...more

Federal Judge Grants Preliminary Injunction to Block Executive Action on Immigration While Related Regulations Proceed

Executive Action on Immigration Halted - On February 16, 2015, Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas ordered a temporary injunction to halt key portions of President...more

Forecasting USCIS Delays This Summer

As has been widely publicized, on November 20, 2014, President Obama announced Executive Actions on Immigration, including: - Expanding the parameters of his Deferred Action for Childhood Arrivals (DACA) program to...more

USCIS to Begin Accepting Requests for Expanded DACA on February 2015

As previously reported, on November 20, 2014, President Barack Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain...more

What You Need to Know About DAPA

Often times, an immigrant lacking proper documentation will be the mother or father to a child who is a U.S. citizen or lawful permanent resident, and they face a number of fears about their immigration status, most notably...more

What Happened to Immigration Reform in State of the Union Address?

In the past few months, there have been several positive developments in terms of immigration reform, most notably the President’s executive actions announced last November. As we have discussed, the President expanded...more

Illegal Immigrants and DACA: What Is It and Why Is It Important?

In our blog post on November 17, 2014, we summarized the substance of the White House announcement laying out a number of executive actions that President Obama is taking to address the fact that nearly twelve million...more

How Immigration Executive Actions Will Play Out in 2015

Last November, President Obama announced several executive actions with respect to immigration. Specifically, the President announced the following immigration executive actions...more

Immigration Law Update

The filing period for the fiscal year 2016 H-1B visa cap commences on April 1, 2015. It is expected, as has happened the last several years, that there will be a lottery based on submissions received the first week of the...more

USCIS Issues Fliers About the President’s Executive Actions

As part of an effort to educate the public, United States Citizenship and Immigration Services (USCIS) released two fliers regarding President Obama’s executive actions. USCIS is encouraging the use of these fliers when...more

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from...

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from...

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more

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