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Department of Homeland Security (DHS) Appeals

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Fox Rothschild LLP

Show Me The Money

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For years, tension has existed between federal and state criminal prosecutors over forfeitures. Criminal forfeitures result from the seizure (and, if necessary, the sale) of contraband such as cash from illegal activities or...more

Dorsey & Whitney LLP

The Supreme Court - February 18, 2022

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Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP) - also known as the “Remain in Mexico” policy - a former policy of the Department of Homeland Security (DHS) under which certain...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

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Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Nilan Johnson Lewis PA

DHS Extends Temporary Protected Status Benefits for El Salvador, Nicaragua, Sudan, Honduras, and Nepal Nationals

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The Department of Homeland Security (DHS) announced on December 9, 2020, an extension of the Temporary Protected Status (TPS) designation for El Salvador, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. TPS is...more

WilmerHale

Federal Court Blocks Trump Administration's H-1B Visa Rules

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Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Public Charge Rule Survives (For Now)

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Limits Scope of Injunction on Public Charge Rule to Connecticut, New York, and Vermont

On August 12, 2020, the United States Court of Appeals for the Second Circuit limited the scope of a nationwide injunction that had blocked the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Blocked From Enforcing New Public Charge Rule During COVID-19 Pandemic

On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS)...more

Dorsey & Whitney LLP

The Supreme Court - June 25, 2020

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Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Homeland Security v. Thuraissigiam, No. 19-161

On June 25, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Thuraissigiam, holding that the Illegal Immigration Reform and Immigrant Responsibility Act’s limitations neither violated due process nor...more

Jackson Lewis P.C.

Review Of Trump Administration Shifting Position(s) On H-4 EAD Rule

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It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the...more

Seyfarth Shaw LLP

U.S. Supreme Court Lifts Injunction, allowing DHS and USCIS to Implement Public Charge Final Rule

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Seyfarth Synopsis: The Supreme Court’s decision clears the path for DHS/USCIS to implement its Public Charge final rule, which requires employers and employees to disclose receipt of certain public benefits in...more

Gibney Anthony & Flaherty, LLP

U.S. Supreme Court Allows DHS to Implement Public Charge Rule

On January 27, 2020, the U.S. Supreme Court granted the Trump administration’s request to lift the last remaining nationwide injunction blocking implementing of its public charge rule. The rule, initially published by the...more

Harris Beach PLLC

Administrative Abuse of Discretion and Power "Beggars Belief"

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On January 23, 2020, the Federal Court of Appeals for the Seventh Circuit issued a scathing decision that has garnered much attention. (Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. 2020). It was not the merits of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Proskauer - Proskauer For Good

Pro Bono for Immigrant Families: Seeking Asylum in the U.S. from Mexico

Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy. This week, I am in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Changes to H-4 Work Authorization Rule Could Be on the Horizon

The Department of Homeland Security (DHS) is expected to advance its plan to rescind the H-4 employment authorization document (EAD) program before a March 18, 2019, deadline imposed by the U.S. Court of Appeals for the D.C....more

Eversheds Sutherland (US) LLP

Texas v. United States decision could impact employer-sponsored health plans

On December 14, 2018, a Texas District Court ruled that the Affordable Care Act’s (ACA) requirement that certain individuals maintain a minimum level of health coverage, often referred to as the “Individual Mandate,” is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Court of Appeals Rules in Favor of DACA

A three-judge panel for the Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction issued by a California district court, temporarily preventing the Trump administration from ending the Deferred Action...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S....more

Genova Burns LLC

DACA Program Preoccupies Courts and Confounds Congress

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Since September 2017 when the Trump Administration announced the termination of the Deferred Action for Childhood Arrivals Program (DACA), litigation and Congressional inertia have contributed to the creation of an uncertain...more

Littler

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

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The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

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