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Feds Kowtow to States, Unlock SAVE Database to Address Imaginary Problem

"The Department of Homeland Security agreed Monday to let Colorado and other states access a DHS database to verify the citizenship of some registered voters — news that was hailed as a win for Secretary of State Scott Gessler and other Republican election officials but had their critics on...

Immigrant: Obama Policy Clears Him for Bar Admission

"An undocumented immigrant who passed the Florida Bar exam but was denied the ability to practice law by examiners says an Obama administration change to U.S. immigration policy means he should be given his lawyer license. In April, José Godínez-Samperio filed a legal challenge after...

Federal Court Strikes Down Florida Tuition Rule: Ruiz v. Robinson

"This case is about regulations of the Florida State Board of Education and the Florida Board of Governors that classify students who are United States citizens and reside in the State of Florida as "out of state" residents because their parents, who also reside in Florida, are undocumented...

Tuition Rulings 'Straightforward' - Olivas

"The latest ruling came on Friday from a federal court in Florida, which threw out state regulations defining American children of parents without legal immigration status as out-of-state residents, ineligible for tuition breaks given to state residents at public colleges and universities. ... In...

Immigrant Fights for Florida Law License

"A Florida man's bid to become the first undocumented immigrant to obtain a law license in the United States met skepticism Tuesday from most of the state's Supreme Court justices. Jose Godinez-Samperio came to the U.S. with his parents on visitors' visas when he was 9 years old, but...

Florida Immigration Jail Under Scrutiny

"Hundreds of men and women who have committed minor offenses, such as driving without a license, or no apparent crime at all, are locked up for weeks and months in a little-known central Broward County facility run by a private company. They are immigrants, accused of entering the country without...

DREAM Lawyers

A valuable and interesting collection of articles from the ABA regarding undocumented law school graduates: The DREAM Bar Undocumented DACA Grantee Seeks Law License Florida Supreme Court Hears Arguments in DREAM Lawyer Case

Florida Supreme Court Punts on Licensure for DACA Lawyer

" An undocumented immigrant who applied for a law license in Florida cannot be admitted to the bar, the State Supreme Court said Thursday in a case being watched closely by both sides of the immigration debate. But the decision, according to legal observers, did not appear to be an actual rejection...

Florida Governor Vetoes DACA Driver License Bill

"Gov. Rick Scott on Tuesday vetoed a bill that would have allowed children of immigrants who are not U.S. citizens to use a new federal form to get temporary Florida driver licenses. Scott said he vetoed HB 235 because it would have benefited people who are covered by a change in federal policy...

Florida H-2B Workers Seek DOL Intervention After Receiving $00.00 Paychecks

"In the annals of degrading, infuriating labor practices, this one may take a prize: Meet the cleaning workers who received … zero-dollar paychecks. Now, defying alleged deportation threats and protesting those empty paychecks, a handful of striking guest workers from Jamaica are demanding...

Immigration Scammer Sentenced in Florida

"The efforts of U.S. Citizenship and Immigration Services led to the successful sentencing of a Tampa-area woman on September 18 to six months confinement, six months home detention and three years of probation for falsely using official seals of the United States. Maria Virginia Constantinou pleaded...

CA11 on Aggravated Felony: Donawa v. U.S. Atty. Gen.

"We must decide whether a conviction under Fla. Stat. § 893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is, as a matter of law, a drug trafficking aggravated felony. After a careful review of the record, and with the benefit of oral argument, we conclude that...

Extorted, Detained and Deported

"According to the Labor Department reports, Barreno was one of a dozen undocumented workers who had to pay fees just to begin work. The money was initially paid to Calix, who is a Honduran national, and then distributed in varying amounts between Calix, Ft. Pierce human services manager Mike Allen...

DOL Wage & Hour Investigates Extortion Against Immigrants in Florida

"Given the facts that the Wage and Hour Division has preliminary established during its investigation of the employer, there is reason to believe that Mr. Barreno, and others like him, were victims of witness tampering under 18 U.S.c. Section 1512 and of extortion under Florida Statute 836.05. ...

CA5 on Aggravated Felony: Paez Sarmientos v. Holder

"Andres Paez Sarmientos petitions for review from an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ’s) determination that he is not eligible for cancellation of removal because he committed an aggravated felony. Because we hold that the Florida offense...

Florida Supreme Court rules immigrant cannot join Bar

"In a long-anticipated decision, the Florida Supreme Court ruled unanimously Thursday that Tampa immigrant Jose Godinez-Samperio cannot practice law because he’s not a citizen, and called on the Legislature to correct what it called an “injustice.” “The Florida Legislature...

New Florida Laws on Tuition, Law Licenses

"Gov. Rick Scott quietly signed legislation over the weekend that allows students who are undocumented immigrants to qualify for in-state tuition at Florida colleges and universities. House Bill 851 was a priority of House Republicans, including Speaker Will Weatherford, who overcame opposition...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

BIA on 'Illicit Trafficking' - Matter of L-G-H-

Sale of a controlled substance in violation of section 893.13(1)(a)(1) of the Florida Statutes, which lacks a mens rea element with respect to the illicit nature of the substance but requires knowledge of its presence and includes an affirmative defense for ignorance of its unlawful nature, is an “illicit...

State Net Capitol Journal: Congress Fails Immigrants – And The States In Which They Live

By Lou Cannon | When a do-little Congress went home without addressing the crisis caused by the flight of thousands of unaccompanied children from Central America across U.S. borders, immense strains were placed on state-supervised programs that provide social services, job training and preventive...

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

Procedures for H-2Bs Still in Flux | The U.S. District Court for the Northern District of Florida enjoined the Department of Labor’s H-2B labor-certification rule of February 21, 2012, published at 77 Fed. Reg. 10,038. The injunction came in the case of Bayou Lawn & Landscape Services v...

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

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

Lawfully Present Lawyers - Wendi Adelson

"As both a participant and an observer in the case of Jose Manuel Godinez Samperio’s efforts to obtain a license to practice law in Florida, I am writing this Article to clarify the issues involved in his case, to discuss the larger questions presented as they relate to in-state tuition and...

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

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...

Landscaping Groups Sue Over New H-2B Regulations - Law360

Allissa Wickham, Law360, June 2, 2015 - "Several landscape businesses and groups launched a suit in Florida federal court Monday challenging brand-new regulations for the H-2B program issued by the U.S. Department of Labor and U.S. Department of Homeland Security, saying the new rules are harming...