LexisNexis® Legal Newsroom
Why it’s so hard to obtain legal status, even though marriage and family

"It’s commonly believed that marriage to a U.S. citizen is an immigration cure-all, as is having U.S.-born children. Not so. In fact, for people who entered illegally, current laws make it next to impossible to obtain legal status. Legal expert David Wolfe Leopold , an immigration attorney...

More SCOTUS oral arg. recaps: Holder v. Sawyers; Holder v. Gutierrez

Link to the SCOTUSblog page for Holder v. Sawyers (arg. 1-18-12) including links to all the briefs, etc. Ditto for Holder v. Gutierrez , also 1-18-12. Argument recap by Prof. Jill Family : "At oral argument on January 18, the Court questioned the attorneys in Holder v. Gutierrez and Holder v. Sawyers...

The Sins of the Fathers

"Jiovanna Campbell came to the U.S. illegally when she was 3, and stayed except for one childhood trip back to Mexico. That visit is hindering her shot at legal status." - Paloma Esquivel, L.A. Times, Mar. 24, 2012 .

CBP Proposed Rule: Members of a Family for Purpose of Filing a CBP Family Declaration

"U.S. Customs and Border Protection (CBP) is proposing to revise its regulations regarding U.S. returning residents who are eligible to file a single customs declaration for members of a family traveling together upon arrival in the United States. Specifically, CBP is proposing to expand the definition...

Class Action Lawsuit Challenges DOMA in Family Immigration Cases

Arenas, et al. v. Napolitano, et al., Case No. SACV12-1137-JVS(MLGx) (United States District Court for the Central District of California) "The 25-year old son of an immigrant from the Philippines, with his mother and her U.S. citizen spouse, today filed a class action lawsuit in federal court...

DHS: Same-Sex Partners are 'Family' for Prosecutorial Discretion

"In an effort to make clear the definition of the phrase "family relationships," I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase "family relationships" includes long-term, same-sex partners. As with every other factor identified...

Texas Supreme Court on Parental Rights: In the Interest of E.N.C. et al.

"A court cannot terminate a person’s parental rights unless the State proves by clear and convincing evidence that the parent engaged in certain proscribed conduct, as specified in the Family Code, and that termination is in the best interest of the children. In this case, an immigrant convicted...

USCIS Message: Update on the processing times of Form I-130s filed by U.S. citizens for their eligible immediate relatives

USCIS E-Mail to Stakeholders: " From: U.S. Citizenship and Immigration Services [mailto: uscis@public.govdelivery.com ] Sent: Wednesday, November 20, 2013 3:38 PM Subject: USCIS Message: Update on the processing times of Form I-130s filed by U.S. citizens for their eligible immediate relatives...

Jill Family: Local Prosecutors as Deportation Gatekeepers

Stephen Lee, De Facto Immigration Courts , 101 Cal. L. Rev. 553 (2013). Jill Family "In De Facto Immigration Courts , Stephen Lee untangles part of the thicket that is immigration law. Immigration law is a dense and unique fusion of administrative law, constitutional law, criminal...

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules

"Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency...

Immigration Reform by Administrative Action: Two Aces Up the President's Sleeve

"Not counting family members and expanding parole in place can be a potent combination for nearing comprehensive immigration reform administratively in the face of Congressional inaction. The waits in the EB and FB preferences will disappear, and family members waiting abroad can unite with their...

For-Profit Family Detention: Meet the Private Prison Corporations Making Millions by Locking Up Refugee Families

"In this joint report by Grassroots Leadership and Justice Strategies , we review the history of charges of sexual abuse and neglect of children, indifference to medical needs, inadequate and unsanitary food, and brutal treatment by staff, levied in lawsuits, government investigations, and allegations...

Removing the Distraction of Delay - Jill E. Family

"Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal...

Letters to White House, DHS Call for End to Family Detention

"Today, the overwhelming majority of Democrats in the House -- including Democratic Leader Nancy Pelosi (D-CA) and Democratic Whip Steny Hoyer (D-MD) – sent Homeland Security Secretary Jeh Johnson a letter saying the Department of Homeland Security (DHS) “has not fully grasped the serious...

ABA Releases Report on Family Immigration Detention

ABA, Aug. 20, 2015 - "A new report on the expansion of immigration detention released by the American Bar Association concludes that the federal government’s use of family detention violates applicable laws and human rights norms. The report, developed by the ABA Commission on Immigration...

Lawsuit Aims to Prevent Licensing of Texas Refugee Gulags (Updated: Link to Lawsuit Added)

Julián Aguilar, Texas Tribune, Oct. 22, 2015 - "A watchdog group is suing the agency charged with protecting the state’s most vulnerable Texans, alleging the department fast-tracked a policy change that might help the federal government convince a federal judge to reverse her order...

Feds rush to comply with judge’s family detention ruling

Franco Ordoñez, McClatchyDC, Oct. 22, 2015 - "Federal officials say they’re working to comply with a looming court deadline to stop extended detention of migrant children and their parents. But immigration lawyers who represent the mothers say the government is unprepared and that...

CA9 on Social Group: Flores-Rios v. Lynch

Flores-Rios v. Lynch, Dec. 1, 2015 - "Because few groups are more “readily identifiable than the family,” the BIA’s determination that the petitioner had not shown membership in a particular social group “was manifestly contrary to law.” ... In the face of Flores-Rios’s...

BIA Calls for Amicus Briefs on Family as Particular Social Group - Deadline Feb. 10, 2016

BIA, Jan. 11, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: (1) Where an asylum applicant has demonstrated persecution because of his or her membership in a particular social group...

Notice of ICE Public Meeting on Family Residential Centers, San Antonio, Wed., Mar. 16, 2016

Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 - "The U.S. Immigration and Customs Enforcement (ICE) Advisory Committee on Family Residential Centers (ACFRC) will meet in San Antonio, TX to brief Committee members on ICE’s family residential centers and to review and assess...

DHS Brief in Matter of L-A- (Family as PSG)

CLINIC (Bradley Jenkins) writes: "CLINIC recently received word from counsel of record in Matter of L-A- (also known as the "family as particular social group" amicus invitation from the Board ) that DHS has filed their supplemental brief . In an unexpected pleasant surprise, DHS's...

Report of the DHS Advisory Committee on Family Residential Centers

ICE, Sept. 30, 2016 - "The detention of migrant children and families by the U.S. government has been controversial since its inception. Child and family detention has been the subject of a number of federal lawsuits – most notably, the Flores litigation (currently captioned Flores v. Lynch...

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS) from issuing child care licenses to the nation’s...

Disrupting Immigration Sovereignty - Prof. Jill E. Family

Prof. Jill E. Family, Feb. 14, 2017 - "It is time to rethink legal and popular notions of immigration sovereignty. In the 19th Century, the Supreme Court depicted immigration as a threat to national sovereignty. It did so to support its conclusion that the political branches (Congress and the President...

BIA on Family as Particular Social Group - Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017)

Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017) - (1) Whether a particular social group based on family membership is cognizable depends on the nature and degree of the relationships involved and how those relationships are regarded by the society in question. (2) To establish eligibility for asylum...