News & Analysis as of

Immigration and Nationality Act

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

by Jackson Lewis P.C. on

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

Termination of TPS for El Salvador

by Mintz Levin on

On January 8, 2018, the Secretary of the Department of Homeland Security (DHS) announced the decision to terminate Temporary Protected Status (TPS) designation for El Salvador. TPS provides a temporary legal basis to remain...more

Inability to Leave an Abusive Relationship Can Be a Basis for Asylum

by Proskauer For Good on

When can domestic violence form the basis of a successful asylum claim? A New York City immigration judge recently granted asylum to one of our pro bono clients who was found to have suffered past persecution on account of...more

Supreme Court Resurrects Travel Ban 3.0 During Appeal

by Fisher Phillips on

The Supreme Court just permitted the president’s latest travel ban – dubbed Travel Ban 3.0 – to be fully implemented while the litigation regarding the policy proceeds through the federal appellate court system. The Court’s...more

Potato Grower Reaches $100,000 Settlement with Justice Department for I-9 Compliance Violations

Washington Potato Company, a private grower and processor of potatoes and other vegetables, reached a $100,000 agreement on Thursday, with the United States Department of Justice (DOJ), settling claims of discrimination in...more

Trump’s Third Travel Ban Blocked By Federal Court

by Fisher Phillips on

For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order...more

State and Justice Departments to Share Information on Employment-Based Visa Fraud

by Jackson Lewis P.C. on

As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both...more

MAGA or Else: Trump DOJ Goes After Employer

by Baker Donelson on

In an Executive Order dated April 18, 2017, President Trump announced that it "shall be the policy of the executive branch to buy American and hire American." If an employer does not "hire American," it may find itself the...more

Survival in the Immigration Culture of Delay and Social Media Mining - Adjustment Interviews

by Dickinson Wright on

With the recent change by U.S. Citizenship and Immigration Services (USCIS) to mandate in-person interviews for employment based adjustment cases along with changes to require the review of social media and to what...more

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

End of DACA Can Have Serious Consequences for Employers

As the NMM Immigration Blog recently reported, the Department of Justice has ordered the Department of Homeland Security to begin winding down the Obama-era Deferred Action for Childhood Arrivals program (DACA). The DACA...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

President Trump Endorses RAISE Act, Which Would Reduce Levels Of Legal Immigration And Dramatically Change Existing Immigration...

President Trump has recently expressed his enthusiastic endorsement of restrictive immigration legislation sponsored by Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.). The Reforming American Immigration for a Strong...more

DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special...more

Update: President Trump's Revised Executive Order on Travel Ban Remains Blocked

by Clark Hill PLC on

On June 12, 2017, the Ninth Circuit issued its ruling in Hawaii v. Trump, upholding the majority of the district court's preliminary injunction prohibiting the government from implementing the "travel ban" and refugee cap...more

USCIS Adopts Matter of I-Corp and What it Means for L-1B Visas

by Littler on

The U.S. Citizenship and Immigration Services (USCIS) recently issued a policy memorandum directing USCIS personnel to adopt the Administrative Appeals Office’s (AAO) reasoning in Matter of I-Corp. Specifically, pursuant to...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

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

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. For those tracking the presidential executive orders commonly referred to as...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

USCIS and U.S. DOJ Signal Efforts to Tighten Control Over the H-1B Visa Program

United States Citizenship and Immigration Services (USCIS) and the Immigrant and Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division (DOJ-IER) issued statements signaling their cooperation with...more

Increased Scrutiny of Visa Applications and Possible Delays

by Mintz Levin on

On March 17, 2017, the Department of State (“DOS”), through the Secretary of State, issued a cable to all US consulates and embassies with guidance on enhanced screening and vetting of applications for US visas and other...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

Employment Law Navigator – Week in Review: March 2017 #3

by Zelle LLP on

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

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