Excerpts from Jan. 1, 2012, Bender's Immigration Bulletin: Draft Template for I-129 L-1 RFE Posted, More

Excerpts from Jan. 1, 2012, Bender's Immigration Bulletin: Draft Template for I-129 L-1 RFE Posted, More

Draft Template for I-129 L-1 RFE Posted

USCIS posted a draft template for requests for evidence relative to intra-company transferees on December 15, 2011. It will be available for comment until January 17, 2012, and can be found at http://www.uscis.gov > Outreach > Feedback Opportunities. The template specifies the items USCIS considers supporting evidence to establish Qualifying Relationship, Ownership and Control, and Doing Business requirements.

Supreme Court Round-Up

On December 12, 2011, the Supreme Court issued an opinion in Judulang v. Holder, holding that the BIA's "comparable grounds" approach to INA §212(c) waivers is arbitrary and capricious. A summary of the case is provided below in the Case Digests section (page 16).

On that same date, the Court also granted certiorari in Arizona v. United States, Docket No. 11-182. The question presented was defined as follows:

Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) to address the illegal immigration crisis in the State. The four provisions of S.B. 1070 enjoined by the courts below authorize and direct state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law and impose penalties under state law for non-compliance with federal immigration requirements.

The question presented is whether the federal immigration laws preclude Arizona's efforts at cooperative law enforcement and impliedly preempt these four provisions of S.B. 1070 on their face.

The four provisions of Arizona's S.B. 1070 at issue are:

  • (1) the provision requiring law enforcement officers to attempt to determine the immigration status of people stopped, detained, or arrested;
  • (2) the provision punishing willful violation of federal alien-registration law;
  • (3) the provision criminalizing work or any effort to obtain work by an unauthorized alien; and
  • (4) the provision allowing warrantless arrests if there is probable cause for the officer to believe that the person has committed an offense that makes him or her removable.

Justice Kagan recused herself from the case, leaving the decision to be determined by the remaining eight justices.

Twelve amicus curiae briefs were filed while the petition for certiorari was pending, ranging from the American Civil Liberties Union to the State of Michigan to members of Congress and the Committee to Protect America's Border.

The underlying opinion of the Ninth Circuit's Court of Appeals may be found at 641 F.3d 339, 2011 U.S. App. LEXIS 7413 (2011). A summary may be found at 16 Bender's Immigr. Bull. 735 (May 1, 2011).

Olivas' Book Examining the Education of Undocumented Schoolchildren

In No Undocumented Child Left Behind: Plyler v. Doe and the Education of Undocumented Schoolchildren, Michael A. Olivas tells a fascinating history of the landmark 1982 U.S. Supreme Court case Plyler v. Doe. He examines how, thirty years later, the case continues to suffer from implementation issues and requires additional litigation and vigilance to enforce the ruling.

The Plyler v. Doe decision made it possible for undocumented children to enroll in Texas public schools. The Court struck down both a state statute denying funding for education to undocumented children and a municipal school district's attempt to charge an annual $1,000 tuition fee for each undocumented student to compensate for the lost state funding. This issue has not returned to the Supreme Court, but is frequently contested at the state and local levels.

Professor Olivas, the William B. Bates Distinguished Chair in Law at the University of Houston and member of Bender's Immigration Bulletin Editorial Board, takes a comprehensive look at the legal regime the case established regarding the education of undocumented schoolchildren, moves up through its implementation, including direct and indirect attacks on it, and closes with the ongoing, highly charged debates over the Development, Relief, and Education for Minors (DREAM) Act, which aims to give conditional citizenship to undocumented college students who graduated from U.S. high schools and have been in the country for at least five years.

No Undocumented Child Left Behind, published by NYU Press, will be available in January. For further information, please refer to http://nyupress.org/books/book-details.aspx?bookId= 8271.

EOIR Moves Chicago Immigration Court 

The Executive Office for Immigration Review relocated the Chicago Immigration Court on December 7. The new location is: 525 West Van Buren Street, Suite 500, Chicago, IL 60607. The telephone number is: 312-697-5800. The court's hours of operation are 8:30 a.m. to 4:30 p.m. for both telephonic inquiries and in-person assistance.

[This is an excerpt from the Jan. 1, 2012, issue of Bender's Immigration Bulletin.] 

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Bender's Immigration Bulletin