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Justice Department Challenges Tough Alabama Immigration Law

MONTGOMERY, Ala. - (AP) The Obama administration is challenging Alabama's new law that would let police detain those stopped for traffic offenses who they suspect are in the country illegally, a statute described as one of the toughest immigration regulations nationwide. In a complaint Monday, the...

Judge Upholds Key Parts Of Alabama Immigration Law

BIRMINGHAM, Ala. - (AP) A federal judge refused Wednesday to block key parts of a closely watched Alabama law that is considered the strictest state effort to clamp down on illegal immigration, including a measure that requires immigration checks of public school students. U.S. District Judge Sharon...

Defensive Standards Hinder FOIA Openness

"When the Obama administration came to office in January 2009, it promised openness and transparency in government. On his first full day in office, President Barack Obama issued a memorandum concerning his administration’s beliefs on the Freedom of Information Act (FOIA), ordering...

Ohio Landscapers Fund Legal Challenge to New H-2B Rule

"The Ohio Nursery & Landscape Association (ONLA) recently provided $5,000 to support a legal challenge to the H-2B program rule. This legal challenge, supported by many industries that will be adversely affected by the rule change, seeks to block the U.S. Department of Labor’s ...

Groups Sue Over New H-2B Rules

" The H-2B Program Rule is slated to go into effect in one week - on April 23 - unless a Federal Court or Congress intervenes. ANLA and many state partner associations support litigation ... filed this week in the Northern District of Florida . We hope the court will issue a temporary restraining...

U.S. Supreme Court Hears Arizona Immigration Law Argument

DENVER - The Supreme Court of the United States on April 25 heard oral arguments on whether to reverse a ruling by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit that an Arizona law that addresses the local impacts of illegal immigration is unconstitutional. Before each of...

AILA Prevails in H-1B FOIA Litigation

"The reliability and fairness of our immigration system can be evaluated only if the government’s procedures and activities are transparent. The LAC regularly uses the Freedom of Information Act (FOIA) to increase transparency and promote accountability regarding DHS enforcement practices...

Immigration Litigation & the Chenery Doctrine - Practice Advisory

"Have you ever rubbed your eyes or scratched your head in disbelief after reading a government brief that urges the federal court to uphold an immigration decision based on a reason or rationale not discussed, or even mentioned, in the decision itself? If you litigate immigration cases in federal...

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...