News & Analysis as of

Preliminary Injunctions Department of Homeland Security (DHS)

Womble Bond Dickinson

Judge Rules Against Another Attempt by Trump to Restrict Legal Immigration

Womble Bond Dickinson on

The courts dealt another blow to the Trump administration's continued efforts to restrict immigration this week, providing relief for companies looking to fill and retain critical positions with foreign talent. On Tuesday,...more

WilmerHale

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

WilmerHale on

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

Proskauer - Proskauer For Good

Proskauer Files Amicus Brief on Behalf of 25 Leading Colleges and Universities Challenging New DHS and DOL Interim Final Rules...

On October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction sought by the U.S. Chamber of Commerce in the Northern District of California...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Introduces Major Changes to H-1B Visas and Employment-Based Green Cards

- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...more

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

USCIS to Expand Premium Processing Program, Increase Fee Rates

On October 1, 2020, President Donald Trump signed into law a stopgap spending measure to fund the U.S. government through December 11, 2020. The spending measure includes a provision titled “Emergency Stopgap USCIS...more

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

DHS Partially Enjoined From Enforcing Proclamation Suspending Entry of Certain Foreign Nationals

On October 1, 2020, the United States District Court for the Northern District of California issued a limited preliminary injunction enjoining the U.S. Department of Homeland Security (DHS) from “implementing, enforcing, or...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - October 2020

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A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg.  Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more

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

Federal Judge Blocks USCIS Immigration Fee Increases

On September 29, 2020, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction enjoining the U.S. Department of Homeland Security’s (DHS) proposed...more

Proskauer Rose LLP

New USCIS Forms, Fees, and Procedures in Effect as of October 2, 2020, Unless an Injunction is Issued

Proskauer Rose LLP on

On August 3, 2020, USCIS published a final rule that will significantly change forms and increase fees for certain immigration and naturalization benefit requests effective October 2, 2020.  Any application, petition, or...more

Laner Muchin, Ltd.

Federal Court Enjoins DHS Enforcement of Public Charge Rule

Laner Muchin, Ltd. on

On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security...more

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

Supreme Court Clears Department of Homeland Security’s Public Charge Rule to Go Forward Nationwide; Department of State Follows...

In a 5–4 decision on February 21, 2020, the Supreme Court of the United States ruled in Wolf v. Cook County, Illinois (No. 19A905) in favor of staying an Illinois district court’s injunction blocking the Trump...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

New York District Court Blocks Implementation of Public Charge Rule

On October 11, 2019, the U.S. District Court in the Southern District of New York ordered a preliminary injunction blocking the implementation, by the U.S. Department of Homeland Security (DHS), of President Donald Trump’s...more

Proskauer - Proskauer For Good

Proskauer Files Amici Brief in Six Federal Court Litigations Supporting Coalition Led by Justice in Aging

Proskauer serves as outside counsel to a coalition of nine nonprofit organizations—led by Justice in Aging—supporting dozens of states and organizations in their efforts to stay the implementation of the U.S. Department of...more

Tarter Krinsky & Drogin LLP

Temporary Injunction By U.S. Federal District Judge Creates Reprieve For International Students Studying In The United States

On May 3, 2019, a Federal District Court in North Carolina granted a preliminary injunction preventing U.S. Citizenship and Immigration Services (USCIS) from enforcing its August 9, 2018 policy memorandum, which expanded...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,...

TPS Extended Through January 2, 2020, for Nationals of El Salvador, Haiti, Nicaragua, and Sudan

The Department of Homeland Security (DHS) has extended temporary protected status (TPS) through January 2, 2020, for nationals of El Salvador, Haiti, Nicaragua, and Sudan. DHS provided the extension to comply with an October...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

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

DHS Temporarily Extends Validity of TPS-Related Documents for Sudanese and Nicaraguan TPS Beneficiaries

On October 31, 2018, the Department of Homeland Security (DHS) announced in the Federal Register that it will continue to honor, at least temporarily, the temporary protected status (TPS) designations for nationals of Sudan,...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Judge Blocks TPS Termination For Four Nations

On October 3, a federal judge in San Francisco entered a preliminary injunction barring the termination of Temporary Protected Status designations for Haiti, Sudan, Nicaragua, and El Salvador. The lawsuit, Ramos v....more

Genova Burns LLC

Hawaii Court Enjoins Trump Travel Ban For Excluding Non-Immediate Family Members of US Persons and DHS-Approved Refugees

Genova Burns LLC on

In June the Supreme Court enforced temporarily President Trump’s travel ban to the extent it excludes persons without a “bona fide relationship” to a person or entity in the U.S. The Court expressly identified wives and...more

Shumaker, Loop & Kendrick, LLP

The Implementation of Travel Ban 2.0: What Now?

By now, most of you have heard that the United States Supreme Court ruled to reinstate President Trump’s revised travel ban in part. But what does this really mean?...more

Mintz

U.S. Supreme Court Rules on Travel Ban

Mintz on

On June 26, 2017 the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a...more

Mintz - Immigration Viewpoints

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

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