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

USCIS Issues New Guidelines on Credible Fear Interviews On February 28, U.S. Citizenship and Immigration Services issued new guidelines for asylum officers charged with determining whether applicants possess credible fears of persecution or torture in their home countries. According to a memorandum...

Immigration Helps American Workers: The Definitive Argument

"[R]esults support the admittedly counterintuitive notion that -- as long as labor markets remain flexible -- immigration actually creates more jobs and can push up wages for native-born workers . Here are the main reasons why that's true." - Lydia DePillis, Washington Post WonkBlog, May...

North Carolina: Undocumented Worker’s Fatal Heart Attack While Fleeing Immigration Service Raid on Employer Was Not Compensable

The death of a lumber mill employee, who came to the United States from Mexico, who had used falsified documentation to obtain employment, and who suffered a fatal heart attack as he and other undocumented workers ran from the employer’s premises in an effort to avoid what they thought was an imminent...

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

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request...

Mental Competency Issues in Immigration Practice: Cyrus D. Mehta

"It is already hard enough for an immigration lawyer to represent a foreign national client in an immigration proceeding, given the language and other cultural barriers, along with the fact that immigration law can be extremely complex and unforgiving. On top of this, an immigration lawyer who represents...

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...

The Salas Dilemma -- Full Frontal Assault on Workers’ Rights vs. Equitable Defenses to Illegal Conduct

You be the judge in this controversial case involving what some call undocumented worker Armageddon Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp...

An American Life, Lived in Shadows

"Oklahoma’s restrictions did not reduce Oklahoma’s [unauthorized] immigrant population, census figures show. While some families fled, others came and tens of thousands more — like Ignacio and his family, who requested that only their first names be used — have stayed put...

High Court Splits 5-4 on Part of Child Status Protection Act

Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child” cannot retain his or her priority date if a new...

Is Section 7202 an Aggravated Felony for Immigration Purposes?

Section 7202, here , criminalizes the following conduct: Any person required under this title to collect, account for, and pay over any tax imposed by this title who willfully fails to collect or truthfully account for and pay over such tax shall, in addition to other penalties provided by law, be...

Guilty Pleas in Houston Immigration RICO Cases

"A man and woman from Houston pleaded guilty Tuesday to racketeering violations in connection with an employment referral conspiracy. Lina Sun, 54, and Chenglun Ma, 57, pleaded guilty to racketeering influenced and corrupt organizations (RICO) conspiracy charges before U.S. Magistrate Judge Keith...

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

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

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

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

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

IRS Adopts New Policy on ITINs | On June 30, 2014, the Internal Revenue Service announced that Individual Taxpayer Identification Numbers will expire only if not used on a federal tax return for five consecutive years. The IRS will not begin deactivating ITINs until 2016 in order to give all interested...

The Return Of Krispy Kreme: Delaware Courts Ready To Revisit the Issue Of Illegal Aliens and Partial Disability?

This is a follow up to my post of 3/26/13— The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker . You may remember it, courtesy of claimant lawyer Mike Silverman - Angel Francisco v. Natural House , IAB# 1349699 (3/18/13). Citing the Gonzalez v. Krispy Kreme case...

Penn State Law Clinic Creates Toolkit for Withholding-Only Proceedings

"Clinic students and the Pennsylvania Immigrant Resource Center (PIRC) teamed up to make a practice guide for attorneys representing noncitizens in withholding-only proceedings. Available online , the toolkit features: • A summary of remedies available in withholding only proceedings...

Baltimore Law Clinic on Front Lines of Immigration Crisis

"As the director of the University of Baltimore School of Law’s Immigrant Rights Clinic, Elizabeth Keyes has overseen case after case over the past two years involving immigrants hoping to remain in the country. But Keyes said some of the most compelling cases are those of children who...

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

New USCIS Director Testifies Before Congress | On July 29, Leon Rodriguez, the new director of U.S. Citizenship and Immigration Services, testified at an oversight hearing before the House Judiciary Committee. Rodriguez became USCIS director on July 9. In his written testimony, available at http...

Obama Not Overstepping on Immigration: Opinion

From the conservative Washington Examiner : "Conservatives are outraged that President Obama is threatening to use his executive authority to shelter undocumented foreigners from deportation now that immigration reform seems dead this year. But whether they like it or not, existing immigration...

Canada Benefits from U.S. Immigration Reform Failure

"Stalled immigration reforms in the United States are an opportunity for Canada to scoop up a wealth of young, "brilliant" foreign nationals and direct them into burgeoning tech-sector employment, the federal employment minister said Wednesday." - Tamsyn Burgmann, The Canadian Press...

State Net Capitol Journal: Congress Fails Immigrants – And The States In Which They Live

By Lou Cannon | When a do-little Congress went home without addressing the crisis caused by the flight of thousands of unaccompanied children from Central America across U.S. borders, immense strains were placed on state-supervised programs that provide social services, job training and preventive...

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

Humanitarian Assistance for Nationals of Guinea, Liberia and Sierra Leone in U.S. On August 15, U.S. Citizenship and Immigration Services announced relief measures available to nationals in the United States from those West African countries caught in the throes of the Ebola outbreak. Immigration...

What is Executive Action? (Video)

"What is executive action and what power does President Obama have to fix our broken immigration system? Educate yourself with this video as law professor Hiroshi Motomura walks us through some of the most common questions about executive action." - FWD.us, Sept. 2014 .

News Excerpts from the Sept. 15, 2014, Bender’s Immigration Bulletin

DHS Settles Lawsuit over Coerced Voluntary Departures In August, the Department of Homeland Security agreed to settle a lawsuit filed on behalf of nine Mexican citizens alleging they were forced to “voluntarily” depart the country instead of having a hearing before an immigration judge...

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

California Housing and Employment Department Issues New Guidelines on U Visas | On September 10, 2014, the California Department of Fair Employment and Housing issued a directive expanding the grounds for which it will provide certifications to noncitizens seeking U nonimmigrant status. The Department...