DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
"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 known as 8 U.S.C. §1324a. That section lays out a variety of prohibitions on hiring and employing an “unauthorized alien”, and concludes by defining the term as follows:
As used in this section, the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this chapter or by the Attorney General. - 8 U.S.C. §1324a(h)(3)
That is, the Attorney General – whose functions have now been in relevant part taken over by the Secretary of Homeland Security – is statutorily empowered to authorize an alien to be employed, thus rendering the alien not an “unauthorized alien” under the INA. There are a few restrictions on this authority noted elsewhere in the INA: for example, 8 U.S.C. §1226(a)(3) states that an alien who is arrested and placed in removal proceedings may not be provided with work authorization when released from custody unless he or she is otherwise eligible for such work authorization “without regard to removal proceedings”. But overall, the authority provided by 8 U.S.C. §1324a(h)(3) is quite broad." - David A. Isaacson, Feb. 18, 2015.