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Immigration Constitutional Law

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.

Can They Really Do That?

by Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

Evading 200 Years of Precedent: The IRS's New Foreign Travel Ban Will Revoke or Deny Passports of Taxpayers Owing More than...

Under the new Section 7345 of the Internal Revenue Code coming into effect in January 2018, Congress has given the IRS the power to “certify” the names of delinquent taxpayers to the State Department for purposes of denying...more

California Requires Employers to Have "Sanctuary" Worksites

by Payne & Fears on

Expanding California’s efforts to not cooperate with federal immigration authorities, Assembly Bill 450 imposes new requirements on employers when responding to government immigration worksite enforcement actions....more

California Seeks to Restrict ICE Workplace Raids

by Latham & Watkins LLP on

Employers should take practical steps to comply with a new bill requiring them to demand search warrants from ICE agents. Key Points: ..Employers need to train facility heads to respond to ICE Agents seeking access to...more

Travel Ban Court Update on Family Members’ as “Bona Fide” Relationship

by Mintz Levin on

On Thursday, September 7, 2017, the 9th Circuit Court of Appeals let stand the Hawaii District Court temporary injunction against the Trump administration’s revised travel ban. This ruling confirms that U.S. family...more

Texas Anti-Sanctuary Law Blocked

by Jackson Lewis P.C. on

In a ruling that may help to diminish the fears of some undocumented individuals seeking aid in the aftermath of Hurricane Harvey, U.S. District Court Judge Orlando Garcia enjoined some key provisions of Texas’ anti-sanctuary...more

“Sanctuary City” Laws Become Central Topic Nationwide

A U.S. District Court in Texas has stopped implementation of a ban on so-called “sanctuary cities” in the state and the City of Philadelphia has filed an action against Attorney General Jeff Sessions, claiming he has...more

Employment Law This Week®: Class Action Waiver Cases, Rescission of Tip-Pooling Restrictions, Title VII & Sexual Orientation,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

June 2017: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Criminal Attorney’s Ineffective Representation Results in Defendant’s Definite Deportation

Jae Lee was born in South Korea and lawfully moved to the United States when he was 13 years old. He was a “lawful permanent resident” or a “green card holder” and never naturalized to become a United States Citizen. In...more

Firmwide response to travel bans

by Ropes & Gray LLP on

Learn how Ropes & Gray mobilized resources in response to executive orders restricting travel....more

Different Path, Same Result: 9th Circuit Becomes Latest Appeals Court To Reject Trump’s Travel Ban

by Fisher Phillips on

Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries...more

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

by Jackson Lewis P.C. on

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

9th Circuit Upholds Block on Trump’s Revised Travel Ban

by Cozen O'Connor on

On June 12, 2017, a unanimous three judge panel on the Ninth Circuit upheld a nationwide preliminary injunction on President Trump’s revised travel ban, in addition to blocking directives within the executive order suspending...more

Supreme Court Case Concerning President Trump’s Travel and Refugee Bans – Key Documents

by Hogan Lovells on

This page is intended to serve as a collection of documents related to State of Hawaii et al v. Trump as the case heads to the U.S. Supreme Court. Stay Application: Government’s application for a stay of the Hawaii district...more

Supreme Court Decides Sessions v. Morales-Santana

by Faegre Baker Daniels on

On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana, No. 15-1191, in which it held that an exception to the Immigration and Nationality Act, 8 U.S.C. § 1401 et seq., that provides a benefit to children of...more

Electronics Ban for U.S.-Bound Flights May Extend to 71 Airports

by Cozen O'Connor on

On June 7, 2017 The U.S. Department of Homeland Security chief told a House panel that the federal government is considering an expansion of its ban on large electronics, like laptops, in carry-on bags from the 10 current...more

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

4th Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban

On May 25, 2017 the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s nationwide injunction against the Trump administration’s executive order (EO) suspending entry into the United States of foreign...more

TPS Extended for Haitians and Court of Appeals Upholds the Block of Second Travel Ban

On May 24th, DHS Secretary John F. Kelly extended Temporary Protected Status (TPS) through January 22, 2018 for eligible nationals of Haiti and individuals without nationality who last habitually resided in Haiti. The...more

Federal Appeals Court Rejects Trump’s Second Travel Ban - Decision Sets Up Inevitable Date At Supreme Court

by Fisher Phillips on

In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

by Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

FAQs for Entering the U.S.—Entry Inspection and Electronic Devices

All individuals entering the U.S. at international ports of entry are inspected by US Customs & Border Protection (CBP). This occurs at either the arrival airport in the U.S., Pre-Flight Inspection if flying from most...more

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