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Do Weekends Count? SCOTUS Decides They Don’t for Voluntary-Departure Deadline

On calculating a noncitizen’s voluntary-departure deadline, the U.S. Supreme Court held that a deadline that falls on a weekend or legal holiday automatically extends to the next business day. Monsalvo Velázquez v. Bondi, No....more

SCOTUS to Consider Emergency Applications to Lift Nationwide Injunctions on EO Ending Birthright Citizenship?

The Trump Administration urged the U.S. Supreme Court to limit nationwide injunctions blocking enforcement of the executive order (EO) to end birthright citizenship. Following his inauguration on Jan. 20, 2025, President...more

Travel Ban Fears? Why Foreign National Students Urged to Return to U.S. Before Jan. 20

Some colleges and universities, out of an abundance of caution, are advising their foreign national students and staff who are traveling abroad for winter break to consider returning before President Donald Trump’s...more

U.S. Supreme Court to Consider Circuit Split on Voluntary-Departure Deadline

Noncitizens present in the United States illegally and facing deportation can request voluntary departure instead of a removal order under certain circumstances. If granted, an individual who follows the court’s directive...more

States Lack Standing to Sue Over Immigration-Enforcement Guidelines, U.S. Supreme Court Rules

Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled. United States v. Texas, No. 22-58 (June 23, 2023)....more

Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al. Judge Hanen issued an injunction preventing the Department...more

Supreme Court Rules On Noncitizens Granted Temporary Protected Status

In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful...more

U.S. Supreme Court Hears Argument On Status Adjustment For Temporary Protected Status Recipients

The U.S. Supreme Court has heard oral argument on whether individuals who initially entered the United States without permission and subsequently were granted Temporary Protected Status (TPS) are eligible to adjust to...more

Noncitizen Bears Burden Of Proof When Challenging Deportation, U.S. Supreme Court Rules

A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for...more

Current Beneficiaries May Renew DACA Status While Program Undergoes Review, Administration Announces

In response to the June 2020 U.S. Supreme Court decision that the DACA program had not been properly terminated by the Trump Administration, President Donald Trump has announced he will be instituting a comprehensive review...more

U.S. Supreme Court Rules Deferred Action For Childhood Arrivals Program May Continue

In a 5-4 decision written by Chief Justice John Roberts, the U.S. Supreme Court has ruled that the Administration acted improperly under the Administrative Procedures Act (APA) in terminating the Deferred Action for Childhood...more

U.S. Supreme Court Roundup – 2018-2019

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

U.S. Supreme Court To Decide If Immigration Law Preempts State Law Prosecution

Does the Immigration Reform and Control Act (IRCA) preempt states from using information in Form I-9 to prosecute a person under state law? The U.S. Supreme Court has agreed to review a case involving prosecution for identity...more

Brett Kavanaugh Nominated To U.S. Supreme Court

In the wake of Justice Anthony Kennedy’s retirement, President Donald Trump was presented with the rare opportunity to make his second U.S. Supreme Court nomination in as many years, nominating the Honorable Brett M....more

Supreme Court Upholds Travel Ban 3.0

The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals...more

Supreme Court Birthright-Citizenship Decision Not Retroactive, State Department Clarifies

The U.S. Supreme Court ruling that a federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers violates the Equal Protection Clause will apply only to individuals born on or...more

Travel Ban Update: Grandparents And Other Close Relatives

In a one-paragraph ruling, the U.S. Supreme Court, disagreeing with the Administration, allowed the District Court’s injunction to stand with regard to relatives. Individuals from the six designated countries with...more

Supreme Court Allows Partial Effect to Trump Travel Ban, Will Review Case in October

It comes as no surprise that the U.S. Supreme Court will hear the travel ban case and will do so in early October. Meanwhile, the Court stayed lower court injunctions allowing President Donald Trump’s revised travel ban to go...more

Supreme Court: Gender-Based Distinctions In Immigration Law Violate Equal Protection

A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal...more

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