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Ebola and Immigration Law

What is the law governing the arrival of citizens, green card holders, and foreigners with tourist or student visas, who might - or might not - have communicable diseases? Cyrus D. Mehta and David A. Isaacson answer those questions . It's more interesting - and more complicated - than you might think...

News Excerpts From the Nov. 1, 2014, Bender’s Immigration Bulletin

California Launches Student Loan Program for DREAMers | In late September, California enacted a bill allowing public universities to provide direct loans to state residents unable to obtain federal loans on account of their immigration status. Known as the “California DREAM Loan Program,”...

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

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

News Excerpts From the Dec. 1, 2014, Bender’s Immigration Bulletin

Executive Action Coverage | On November 20, 2014, the President announced a series of executive actions that will help secure the border, prioritize deporting felons over families, and allow certain undocumented immigrants to temporarily remain in the U.S. without fear of deportation if they pass...

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

Administration Takes Executive Action on Immigration | On November 20, 2014, Secretary of Homeland Security Jeh Johnson issued a series of memoranda as part of a much-anticipated “executive action” to remedy problems in the nation’s immigration system. A memorandum entitled...

News Excerpts From the Jan. 1, 2015, Bender’s Immigration Bulletin

Labor Department Ends Use of Employer-Provided Wage Surveys for H-2B Program | Following a major decision from the U.S. Court of Appeals for the Third Circuit, the Department of Labor announced that it will no longer issue prevailing wage determinations for the H-2B program resulting from wage surveys...

News Excerpts From the Jan. 15, 2015, Bender’s Immigration Bulletin

Procedures for H-2Bs Still in Flux | The U.S. District Court for the Northern District of Florida enjoined the Department of Labor’s H-2B labor-certification rule of February 21, 2012, published at 77 Fed. Reg. 10,038. The injunction came in the case of Bayou Lawn & Landscape Services v...

News Excerpts From the Feb. 1, 2015, Bender’s Immigration Bulletin

DHS Weighing Program to Streamline Employment-Based Immigration Requests | On January 15, 2015, the Department of Homeland Security announced the potential launch of a pilot program later this year to streamline adjudications of employment-based immigration requests by known U.S. employers. According...

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin

Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood Arrivals program, finding that the state’s policy...

News Excerpts From the March 1, 2015, Bender’s Immigration Bulletin

Preliminary Injunction Issued in Texas v. United States | Late on February 16, a United States District Court judge for the Southern District of Texas (Brownsville) issued a preliminary injunction temporarily blocking the President’s November 2014 executive action on immigration. Judge Andrew...

Texas Federal Judge Strikes Down Obama Administration’s DAPA Program Providing Work Permits And Legal Protection To Undocumented Immigrants

On Feb. 16, 2015, a federal district court in Texas issued a preliminary injunction blocking implementation of a federal government program entitled Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Texas v. United States, 2015 U.S. Dist. LEXIS 18551 (S.D. Tex. Feb. 16,...

News Excerpts From The March 15, 2015, Bender’s Immigration Bulletin

DHS Will Provide Work Authorization to Certain H-4 Spouses | The Department of Homeland Security issued a final rule on February 25, 2015, that will soon allow H-4 dependent spouses of certain nonimmigrants with H-1B status to apply for employment authorization documents. For an H-4 dependent spouse...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

News Excerpts From the April 15, 2015, Bender’s Immigration Bulletin

ICE Announces Safeguards for Releases of Noncitizens with Convictions | On March 18, 2015, U.S. Immigration and Customs Enforcement announced that it would implement additional safeguards prior to releasing noncitizens with criminal convictions from custody. Under the new policy, the discretionary...

News Excerpts From the May 1, 2015, Bender’s Immigration Bulletin

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...

News Excerpts From the May 15, 2015, Bender’s Immigration Bulletin

Training Document on Particular Social Groups Made Public | A PowerPoint presentation apparently given to asylum officers at USCIS was made public in late April, providing insight into the agency’s handling of potential claims for asylum based on membership in a particular social group. According...

News Excerpt From the June 1, 2015, Bender’s Immigration Bulletin

USCIS Temporarily Suspends Premium Processing for H-1B Extensions | From May 26, 2015 until July 27, 2015, USCIS will suspend premium processing for all H-1B Extension of Stay petitions. During this period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

News Excerpts From the July 1, 2015, Bender’s Immigration Bulletin

New York Grants Law License to DACA Grantee | On June 3, 2015, an intermediate New York appellate court approved the application for admission to the bar of a Mexican citizen who was brought to the United States as a child and granted relief under the Deferred Action for Childhood Arrivals (DACA)...

News Excerpts From The July 15, 2015, Bender’s Immigration Bulletin

BIA Will Solicit Amicus Briefs | On June 19, 2015, the Executive Office for Immigration Review announced that the Board of Immigration Appeals has launched a one-year pilot program to solicit amicus briefs from interested parties. The Board will post invitations on a public website that describes...

Mata v. Lynch: The 5th Circuit Can't Sidestep Jurisdiction To Avoid Review of BIA Denial of Late Motion to Reopen Based on Ineffective Assistance of Counsel

By Jill Apa | The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing with all the other circuits that had addressed that...

Kerry v. Din: The Supreme Court's ‘Other Marriage Decision’ Preserves Status Quo in Visa Denials, Leaves Tangled Trail for Lower Courts To Follow

By Andrew Haile | On June 25, 2015, Five members of the U.S. Supreme Court in Kerry v. Din agreed on one thing: U.S. citizen Fauzia Din had no right to understand why her husband's immigrant visa had been denied [ enhanced opinion available to lexis.com subscribers | Lexis Advance ] [lexis.com...

News Excerpts From The Aug. 1, 2015, Bender’s Immigration Bulletin

Report Highlights Lack of Oversight, Vulnerability to Corruption at CBP | On June 29, 2015, a subcommittee of the Homeland Security Advisory Council released a report concluding that U.S. Customs and Border Protection lacks sufficient internal oversight and is vulnerable to corruption from within...

The Cuban Adjustment Act Of 1966: Past And Future

By David Abraham The Obama administration's moves to expand relations with Cuba have stoked interest in the future of what is known as the Cuban Adjustment Act, which has been law since 1966. In this Emerging Issues Analysis, historian and professor of Immigration Law at the University of Miami...

Mellouli v. Lynch Decision: You Can't Be Deported For Possessing Only A Sock

By Zelda Howell Moones Mellouli was removed because he was convicted of having drug paraphernalia: a sock, in which he had tablets of Adderall. But the conviction record did not identify what he had in the sock, and the state list of controlled substances does not match the federal list. So, was it...