LexisNexis® Legal Newsroom
Customs and Border Protection Search Did Not Violate 4th Amendment, 9th Circuit Rules

PASADENA, Calif. - (Mealey's) The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did not violate his rights under the Fourth Amendment to the U.S. Constitution...

Oh What a Tangled Immigration Web We Weave: A Knotty Future For the H-2B Program

"H-2B (or not H-2B) is indeed the question on the minds of many employers following a recent federal court decision in the Eastern District of Pennsylvania. In a situation befitting the indecisiveness of Shakespeare’s Hamlet , employers who rely on the H-2B program -- the visa category for...

Litigation Moves Forward on Media Access to Immigration Court

" On June 4, 2013, Judge Orinda Evans, Northern District Court, Georgia, issued two orders in the cause of government transparency, in particular recognizing the rights of the public and the media to attend immigration hearings. Judge Evans is granting my attorneys' motion to enter an amended...

Competing Concerns in Employment Litigation: How Courts Are Managing Discovery of an Employee's Immigration Status

"When an employee brings a lawsuit to enforce workplace rights, can an employer-defendant ask questions about the employee's immigration status? Workers may be intimidated by the prospect of free-wheeling discovery into their immigration status, and some workers may even forgo litigation entirely...

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...

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...

NIPNLG Immigration Damages Litigation Webinar Series

"There are four (4) webinars in the series. The webinars are priced at $50 each or all four for $175. You will be able to select how many and which webinar(s) you plan to attend during the online registration process. This webinar series is not being offered for CLE credit. NIPNLG Webinar Training...

More Documents from PERM FOIA Litigation (Gluckman v. DOL)

Jonathan Moore writes: "David Gluckman and I wanted to pass along two additional documents that were produced in the Gluckman v. DOL PERM FOIA litigation (prior posts here and here ). Specifically, these two documents are directives from November 2009 from William Carlson, Administrator of the Office...

CBP Restrictions on Access to Counsel: American Immigration Council

"Over the last several years, AILA members have consistently reported that U.S. Customs and Border Protection (CBP) officers routinely stymie their efforts to provide legal representation to clients during CBP encounters, often without a clear explanation of the policies underlying the decision...

Litigation Update: Texas v. USA (Jan. 30, 2015)

As of Jan. 30, 2015, we still have no ruling by Judge Hanen on the motion for preliminary injunction in Texas v. USA , No. 1:14-cv-00254, S.D. TX, Brownsville Div. Notable recent docket entries, however, include the DEFENDANTS’ SUR-REPLY IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY...

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In essence, if the OSG does not like the policies it...

News Excerpts From the March 1, 2015, Bender’s Immigration Bulletin

Preliminary Injunction Issued in Texas v. United States | Late on February 16, a United States District Court judge for the Southern District of Texas (Brownsville) issued a preliminary injunction temporarily blocking the President’s November 2014 executive action on immigration. Judge Andrew...

Texas Federal Judge Strikes Down Obama Administration’s DAPA Program Providing Work Permits And Legal Protection To Undocumented Immigrants

On Feb. 16, 2015, a federal district court in Texas issued a preliminary injunction blocking implementation of a federal government program entitled Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Texas v. United States, 2015 U.S. Dist. LEXIS 18551 (S.D. Tex. Feb. 16,...

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases "This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many...

#Visagate2015 May Spawn Litigation

On Sept. 9, 2015 the State Department published the October 2015 Visa Bulletin with a new "Dates for Filing Applications" feature enabling some on the backlogged waiting lists to file 'early' for adjustment of status. But on Sept. 25th, apparently under pressure from USCIS, DOS revised...

News Excerpts From the Oct. 15, 2015, Bender’s Immigration Bulletin

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

In FOIA Litigation, DOJ Calls Immigration Judges "Low-Level Employees"

Josh Gerstein, Politico, Feb. 18, 2016 - "A federal appeals court is wrestling with the question of whether the government should be forced to make public the names of immigration judges accused of misconduct either on or off the job. A three-judge panel of the D.C. Circuit heard arguments for nearly...

DHS Statements on Entry of LPRs, Court Orders, EOs (Jan. 29, 2017)

1. Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States - "In applying the provisions of the president's executive order, I hereby deem the entry of lawful permanent residents to be in the national interest. Accordingly, absent the receipt of significant...

More Lawsuits Filed Against Trump Refugee/Travel Ban

Apple Considers Legal Options Against Trump’s Immigration Order - Wall Street Journal, Jan. 31, 2017 13 Legal Actions Challenging Trump's Immigration Executive Order - ABC News, Feb. 1, 2017 Litigation Documents & Resources Related to Trump Executive Order on Immigration - Lawfare

Experts: Constitutionality of Trump's Expedited Removal Expansion Will Be Litigated "For Years"

David G. Savage, L.A. Times, Mar. 3, 2017 - "The Trump administration’s plan for putting hundreds of thousands of recent migrants in the country illegally onto a fast track for deportation is likely to trigger the next major legal battle over immigration enforcement. ... One part of that effort...

Eminent Domain Litigation Will Halt Border Wall Construction

Prof. Gerald S. Dickinson, Washington Post, Mar. 3, 2017 - "Trump’s real difficulty will be in getting permission from property owners to build the wall — no matter how much money it takes — and the land wars that will bog down his plans. Trump, who has cast himself as a master...

Trump Travel Ban Faces Court Hearings By Challengers Today, Mar. 15, 2017

Joel Rose, NPR, Mar. 15, 2017 - "At least three judges will hear last-minute challenges today to President Trump's revised executive order on immigration, which goes into effect at 12:01 a.m. ET on Thursday. The order temporarily halts the U.S. refugee program and travel from six mostly Muslim...

Litigation Documents & Resources Related to Trump Travel Ban

Lawfare Blog, Mar. 15, 2017 - "President Donald Trump’s executive order banning entry into the United States by immigrants and refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen is facing legal challenges in a number of federal jurisdictions. Below is a roundup of the documents...

Expert: "A leopard cannot change his spots by taking a bath" (Trump Travel Ban Litigation)

Laura Jarrett, CNN, Mar. 17, 2017 - "When then-presidential candidate Donald Trump called for a "total and complete shutdown of Muslims" entering the US back in 2015, he probably didn't imagine those words would come back to haunt him federal court in 2017. Two different federal judges...

Expert: Circuit Shopping May Guide Trump's Travel Ban Litigation Strategy

Matt Zapotosky, Washington Post, Mar. 23, 2017 - "The speed with which the administration moved was befitting of the national security crisis the ban purported to address. The administration ultimately lost in court, and since then, it has slowed the pace considerably, putting off a rewrite of the...