LexisNexis® Legal Newsroom
DOJ Files 5th Circuit Brief in Texas v. USA

"This case involves a challenge brought by Texas and other States to enjoin — nationwide — enforcement policies that the Secretary of Homeland Security adopted to manage the government’s limited immigration enforcement resources and prioritize the removal of aliens who threaten...

Au Pair Suit Brings Domestic Worker Abuse Into Spotlight

"As a class action unfolds in Colorado alleging au pairs on the J-1 visa program have had their wages fixed at $4.35 per hour, Law360 takes a closer look at the exploitation of domestic workers by abusive employers who range from middle-class families to high-ranking diplomats. [ Link to Beltran...

Federal Judge Rules Border Patrol Unlawfully Arrested Anacortes (Wa.) Man

"A federal district court judge has ruled that the U.S. Border Patrol unlawfully arrested an Anacortes resident in 2011. U.S. District Court Judge James L. Robart declared that the Border Patrol did not have a lawful basis to arrest Gustavo Vargas when a Border Patrol agent requested an Anacortes...

Montana Highway Patrol and Plaintiffs Settle Litigation over Traffic Stops, Profiling

"The Montana Department of Justice announced an agreement with plaintiffs to resolve a lawsuit that challenged the manner in which the Montana Highway Patrol (MHP) handled traffic stops involving people suspected of being in the U.S. illegally. This morning's agreement was reached between Attorney...

Ex-NBA Player, Others Want $45M EB-5 Suit Axed - Law360

"Former NBA forward Theo Ratliff and various entertainment-related companies urged a Georgia federal judge on Friday to toss a $45 million lawsuit brought by a Georgia-based production studio alleging that it was pushed out of a lucrative funding opportunity with the EB-5 immigrant investor program...

Couple Sues USCIS Over 4-Year Visa Petition Delay: Ladhani v. Johnson

"A Pakistani couple sued U.S. Citizenship and Immigration Services in Illinois federal court Tuesday seeking to force the agency to act on their petition for lawful permanent resident status, which they say has been held up without explanation since a USCIS agent interviewed the couple in 2011....

NY District Blocked Refugee Kids From High School, Suit Says

"A civil liberties group and legal aid service filed a potential class action in New York federal court against an upstate school district Thursday, accusing the district of discriminating against certain refugee students by excluding them from a public high school. The New York Civil Liberties...

Immigration Attys Sue CBP Over 'Sluggish' FOIA Responses

"U.S. Customs and Border Protection is violating federal laws and stymieing immigration relief petitions by routinely failing to timely respond to Freedom of Information Act requests, immigration lawyers and noncitizens contended Wednesday in their amended putative class action. The plaintiffs...

Lawsuit Challenges EADs for H-4 Spouses

"A group representing former Southern California Edison Co. computer workers launched a suit in Washington, D.C., federal court Thursday challenging a U.S. Department of Homeland Security regulation that authorizes certain H-1B dependent spouses who possess H-4 visas to work, saying the rule robs...

Class Action Suit Filed Against Texas Immigration Jail

"The operators of an immigration detention facility violated the First Amendment rights of women participating in a hunger strike by locking them in isolation cells and threatening to take their children, a proposed class action filed Thursday in Texas federal court alleges. U.S. Immigration...

Homeland Security Facing Suit Over EB-5 Investor Visa Denials

From Law360, May 5, 2015 - "American Logistics International LLC filed suit in D.C. federal court on Monday against the Department of Homeland Security, alleging that the agency has capriciously chosen to deny EB-5 investor visas to more than a dozen U.S. resident aliens. The Carson, California...

DOJ: Refugee Moms, Kids Locked Up in Texas Aren't 'People,' Have No Rights

Central American moms and kids fleeing for their lives and seeking asylum in the United States are no better than anarchists, and are not among 'the People' protected by the Constitution. Reaching back to a Supreme Court case from 1904 involving an alleged English anarchist imprisoned on Ellis...

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry

Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case "The State Department Waiver Review Division (WRD) issued a not favorable recommendation on an I-612 hardship waiver application...

Expert: EB-5 Lawsuit Unusual

"A recent suit alleging that some EB-5 applications were improperly delayed based on a regional center's ties to Iran may be a harbinger of increased litigation over the program, spurred by growing scrutiny of the visa category and a policy landscape that is problematic for immigrant investors...

USCIS Chief Takes Responsibility For Injunction Violation: Law360

Allissa Wickham, Law360, May 18, 2015 - " The director of U.S. Citizenship and Immigration Services said on Friday that he accepted responsibility for about 2,000 expanded work permits going out in violation of a court injunction on two of the president's executive action policies, telling a...

Nationwide Class Action Lawsuit Filed Over Work Permit Delays: NWIRP v. USCIS

"Plaintiffs challenge Defendants’ policies and practices of unlawfully delaying adjudication of applications for employment authorization and refusing to issue interim employment authorization. ... Individual Plaintiffs seek to represent the following nationwide class: Noncitizens who have...

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

"Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization...

Lawsuit: U.S. Citizen Children Denied Birth Certificates in Texas

"A lawsuit contends the state of Texas is routinely discriminating against the U.S.-born children of undocumented immigrant parents by denying them birth certificates. According to the civil lawsuit filed Tuesday in U.S. District Court in Austin, the Texas Department of State Health Services...

No Apologies, But Feds Pay $350K to Deported American Citizen

Professor/blogger Jacqueline Stevens writes : " Andres Robles was 19 years old in 2008 when Immigration and Customs Enforcement (ICE) agents in Louisiana ignored his claims of U.S. citizenship, as well as their own files that readily affirm this status, and deported him to Mexico for three years...

Landscaping Groups Sue Over New H-2B Regulations - Law360

Allissa Wickham, Law360, June 2, 2015 - "Several landscape businesses and groups launched a suit in Florida federal court Monday challenging brand-new regulations for the H-2B program issued by the U.S. Department of Labor and U.S. Department of Homeland Security, saying the new rules are harming...

Executive Action on Immigration and the Judicial Artifice of “Lawful Presence” - Anil Kalhan

"In legal terms, Judge Smith’s strikingly casual reasoning about “lawful presence” lacks precision and ultimately makes very little sense." - Anil Kalhan, June 3, 2015 . - Prof. Anil Kalhan

Class Action Challenges Tucson Border Patrol Detention Practices

"Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for extended periods of time in violation of the U.S. Constitution, a group of legal organizations allege in a class-action lawsuit filed Monday. The class-action suit, which was filed on behalf...

EB-5 Class Action Lawsuit Filed: Zhang v. USCIS (Cash is Cash)

"This is a putative class action brought by immigrant investors who sought and were unlawfully denied the chance to immigrate to the United States pursuant to 8 U.S.C. § 1153(b)(5), known as the “Immigrant Investor Law” or “EB-5 Program.” ... Despite Plaintiffs’...

H-2A Wage Lawsuit Settled...Seven Years Later

"After seven years of legal battling, 66 farmworkers from Mexico’s Colima state have been fully paid for work in orchards and vineyards in the Sacramento-San Joaquin Delta. Even though the workers’ claims have been settled, a farm labor contractor and four growers continue to deny...

ICE, Nashville Cops Settle Warrantless Immigration Raid Lawsuit: Escobar v. Gaines

"The American Civil Liberties Union announced a settlement in a federal lawsuit filed on behalf of victims of a warrantless raid in Nashville, Tennessee, by U.S. Immigration and Customs Enforcement agents and Metropolitan Nashville Police Department officers. ICE and MNPD agreed to pay $310,000...