Immigration Law

Recent Posts

A Tale of Two Cases – Washtech v. DHS and Texas v. USA
Posted on 11 Oct 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Oct. 11, 2022 - A Tale of Two Cases – Washtech v. DHS and Texas v. USA: To What Extent can the Executive Branch Allow Noncitizens to Remain and Work in the US "To what extent can the Executive Branch allow... Read More

Coronavirus Border Expulsions: CDC’s Assault on Asylum Seekers and Unaccompanied Minors
Posted on 13 Apr 2020 by Daniel M. Kowalski

Lucas Guttentag, Apr. 13, 2020 (Lucas Guttentag is the Professor of the Practice of Law, Stanford Law School, and Martin R. Flug Lecturer in Law, Yale Law School.) " The Trump administration’s novel COVID-19 border ban invokes public health... Read More

Tags: INA , guttentag , CDC , asylum

The INA Trumps 'America First' - Cyrus D. Mehta
Posted on 4 Sep 2017 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2017 - "President Trump’s America First policy has influenced how the United States views trade, immigration, the environment and global alliances. It is a radical departure from how the United States viewed itself... Read More

Immigrant Detention Centers Through the Eyes of a Therapist - 'What Happened in World War II is Happening Again'
Posted on 11 Apr 2016 by Daniel M. Kowalski

Molly Hennessy-Fiske and Cindy Carcamo, Los Angeles Times, Apr. 11, 2016 - "Unlike the internment camps, which were filled with people singled out for their ancestry, the nation's three family detention centers hold hundreds of adults and children... Read More

BIA on DOMA, the INA and same-sex marriage: Matter of Zeleniak
Posted on 17 Jul 2013 by Daniel M. Kowalski

Section 3 of the Defense of Marriage Act, Pub. L. No. 104 199, 110 Stat. 2419, 2419 (1996), is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration and Nationality Act if the marriage is valid under... Read More

Accuracy for Adoptees Act Amends INA Sec. 320 [Post Expanded]
Posted on 17 Jan 2014 by Daniel M. Kowalski

RECOGNITION OF STATE COURT DETERMINATIONS OF NAME AND BIRTH DATE - Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended by adding at the end the following: ‘‘(c) A Certificate of Citizenship or other Federal document... Read More

Tags: INA , Court , adoptees , law , 320 , aaaa , name

Change to INA Definition of Orphan - Sec. 101(b)(1)(f)(i)
Posted on 29 Jan 2014 by Daniel M. Kowalski

Karen S. Law writes: "The definition of “orphan” found in INA 101(b)(1)(f) has been changed in the Consolidated Appropriations Act, 2014. In adoptions from non-Hague Convention partner countries, there is no longer a requirement that... Read More

Ignoring the Elephant in the Room: An Initial Reaction to Judge Hanen's Decision Enjoining DAPA, Expanded DACA
Posted on 19 Feb 2015 by Daniel M. Kowalski

"Judge Hanen appears to have overlooked a very important part of the legal landscape, what one might term the elephant in the room. The statutory authority for employment authorization under the INA is contained in section 274A of the INA, otherwise... Read More

Williams Mullen Alert: Are Civil RICO Class Actions Based on Alleged Immigration Offenses Dead?
Posted on 13 Aug 2012 by Williams Mullen

By Mary E. Pivec and Reba Mendoza The Fourth Circuit's recent decision in Walters v. McMahen [ enhanced version available to subscribers ] affirming the trial court's dismissal of a civil RICO class action at the pleading stage is encouraging... Read More

Diversity Visa Lottery Re-run: Was This the End?
Posted on 18 Jul 2011 by Molly J. Liskow

By Molly J. Liskow, J.D., Legal Editor, Practice Area Content (Immigration) The State Department "botched" the 2012 Diversity Visa Lottery. That was the term used by a federal judge who allowed the Department to re-do the selection process... Read More

U.S. Chamber of Commerce Immigration Report - Regaining America’s Competitive Advantage
Posted on 24 Aug 2010 by LexisNexis Immigration Law Community Staff

"This study was prepared by Stuart Anderson for the Labor, Immigration & Employee Benefits Division of the U.S. Chamber of Commerce and the American Council on International Personnel. The motivation for this report was the need to collect and... Read More

Justice Department Files a Lawsuit Alleging Non-Citizen Authorized Workers Employment Discrimination by Georgia Rug Manufacturer and Seller
Posted on 10 Jul 2010 by LexisNexis Immigration Law Community Staff

WASHINGTON – The United States Department of Justice yesterday filed a lawsuit against Garland Sales Inc., a rug manufacturer and seller located in Dalton, Ga., alleging it engaged in a pattern or practice of discrimination by imposing unnecessary... Read More