LexisNexis® Legal Newsroom
Williams Mullen Alert: North Carolina's Version of E-Verify Signed Into Law

By Walter I. Skinner Governor Purdue has signed into law North Carolina's version of E-Verify. Under the new law, which takes effect over a period of years as described below, all employers with 25 or more employees working in North Carolina are required to use the federal E-Verify database to...

N.C. Ct. App. on Padilla Retroactivity: State v. Alshaif

"In determining whether Padilla is retroactively applicable, we find the reasoning of the Tenth Circuit in Chang Hong persuasive and join with those courts holding that Padilla announces a new rule of constitutional law and is not retroactively applicable on collateral review." - State v. Alshaif...

NC judge could terminate parental rights of deported worker, put US-born sons up for adoption

"When immigration agents deported Felipe Montes to Mexico two years ago, his three young sons were left in the care of their mentally ill, American-born mother in a small North Carolina mountain town. Despite immigration policies that allow for the release of primary caregivers, federal authorities...

Latinos in North Carolina: A Growing Part of the State's Economic and Social Landscape

"In this Perspectives , the author finds that North Carolina has became an important barometer of contemporary immigration debates for the nation and especially for the Southeast, which has become a new frontier for Latin American migration to the United States." - Hannah Gill, Mar...

$143K Class Action Judgment Against N.C. Notarios

Katharine Woomer-Deters writes: " Wanted to share this judgment we got in June 2012 against a local notario for $142,655.00 on behalf of a plaintiff class of approximately 275 former customers of the notario. The judgment has not been appealed, so is now a final judgment. We did not have a private...

Press Conference Tuesday: NC Activist Infiltrates Florida Detention Center to Prove Bad Policies Continue

"Press Release: Contact: Cynthia Martinez cinth.martinez91@gmail.com 919.895.0253 NC Activist Infiltrates Florida Detention Center to Prove Bad Policies Continue Organizing inside jail, Viridiana fights deportations from inside prison CHARLOTTE—The North Carolina Dream Team...

Racial Profiling Alleged in Alamance County, North Carolina

"[T]he U.S. Department of Justice (DOJ) is investigating the Alamance County Sheriff's Office over allegations that it targets Latinos in traffic stops and checkpoints. The data supports the concerns: Compiled and analyzed by the Indy, traffic stop records show that Latino drivers are twice...

Sign Up For Cable TV, Get Deported?

"A woman in Alamance County [North Carolina] who was trying to get cable service ended up in handcuffs instead. Now, she could be deported. It happened when Lorena Yanez-Mata walked into the Time Warner Cable office in Burlington to sign up for cable service. The documents she turned in to Time...

N. Carolina DVM Weighs DL Policy for DACA Grantees

"A spokesperson for the NC DMV said it is seeking a legal opinion from the attorney general's office on the policy. It is unclear when a decision will be made but those against it say they are prepared to fight. “If this is in fact going to be the policy, we're going to fight it, there's...

Battle Over Driver Licenses for DACA Grantees Heats Up in North Carolina

"Two of North Carolina’s leading civil rights organizations are asking state officials to reinstate a policy that allowed young immigrants who have been authorized to be in the United States and granted work permits under a federal program to receive North Carolina driver’s licenses...

N. Carolina Attorney General Opinion: DACA Grantees 'Legally Present' for DL Purposes

"Based upon our review of the historical background and legal concepts applicable to prosecutorial discretion and deferred status in the enforcement of immigration laws, we believe that individuals who present documentation demonstrating a grant of deferred action by the United States government...

North Carolina to Issue Driver Licenses to DACA Grantees

"The state Division of Motor Vehicles will comply with a state attorney general’s opinion and issue driver’s licenses to thousands of young [unauthorized] immigrants who are eligible to drive because of a federal program that gives them temporary protection from deportation, Transportation...

North Carolina Gives Second-Class Licenses to DACA Drivers

" After going back and forth on the matter, North Carolina came up with a compromise of sorts. The state would issue these young immigrants driver's licenses . But you would never confuse them with a regular driver's license. First of all, instead of being horizontal, they're vertical...

Excerpts from the March 1, 2013, Bender's Immigration Bulletin

Supreme Court: Padilla Did Not Create New Rule: No Retroactive Application to Cases on Collateral Review On February 20, the Supreme Court announced its decision in Chaidez v. United States. The majority of the Court held that the decision in Padilla v. Kentucky, 559 U.S. 356, is not retroactive for...

New North Carolina Driver Licenses Will Flag Non-U.S. Citizens

"Newly designed North Carolina driver’s licenses coming this summer will be used to distinguish people who are not U.S. citizens, a measure that state transportation officials describe as a safeguard against voter fraud and civil-rights advocates describe as an avenue for discrimination."...

Next Gen N. Carolina Driver Licenses Will Target Non-Citizens

"The move by North Carolina to clearly mark all people who are not U.S. citizens on their next driver’s license raises a personal concern for Winston-Salem attorney Helen Parsonage, a British citizen who is a “permanent resident” in the U.S. “It feels like discrimination...

Prosecutorial Discretion Victory in North Carolina

"A deportation case that started Jan. 11, 2012, was supposed to end in the departure of Flavio Ramos Cruz from the U.S. on Wednesday. But some striking turns of events over the year helped him remain in Lexington, the place he has called home since 2004. Among those events are President Barack Obama’s...

DOJ Remands Another DHS 'DOMA Denial'

"Just before Mother’s Day this North Carolina family learned that the Board of Immigration Appeals (BIA) rejected the denial of the marriage-based green card petition they had filed last year. The BIA sent the case back to the U.S. Citizenship and Immigration Services (USCIS) Field Office...

News Excerpts From the Oct. 1, 2013, Bender’s Immigration Bulletin

ICE Issues New Guidelines on Use of Solitary Confinement in Immigration Detention Centers: On September 4, 2013, U.S. Immigration and Customs Enforcement issued a directive establishing policy and procedures for the placement of detainees in solitary confinement. Under the new guidelines, detainees...

North Carolina Company Indicted on H-2B Visa Fraud Charges

"A Vass company that secures foreign workers for agricultural and other work in the U.S. is accused of manipulating the worker visa program and illegally funneling people to companies. A federal grand jury in Greensboro handed down a 41-count indictment last Friday against International Labor Management...

H-2B Visa Fraud Indictment in North Carolina

"n 2008, Stanley Porter started a small company called Winterscapes LLC with a fake purpose: bringing in 150 foreign workers under the H-2B visa program to be snow makers in the mountains of North Carolina. But some of the workers didn’t even know what a snow maker was. Once they arrived,...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

NC Law Students Use Spring Break to Assist Refugee Moms, Kids in Texas Immigration Lockup

"Several Elon University School of Law students are traveling to the San Antonio area to Karnes Detention Center, which houses women and children fleeing violence in their home countries. They have come seeking asylum in the United States, and have limited access to legal representation, which mostly...