LexisNexis® Legal Newsroom
'Compelled Speech' Lawsuit Challenges New Form I-612 - Schmitt v. Johnson

Brian Schmitt writes: "Hake & Schmitt filed a complaint for declaratory, injunctive, and mandamus relief in the U.S. District Court for the District of Maryland against DHS for the new Form I-612, which must be used after September 24, 2015. The new form and its instructions are riddled with...

34-Year Delay in Natz. Adjudication Unlawful: Giammarco v. Johnson

"On March 17, 2016, Judge Bryant issued a thirty-page opinion in Mr. Giammarco’s ... action to compel DHS to adjudicate his 1982 naturalization application. Judge Bryant denied the government’s motion to dismiss, granted Giammarco’s motion for summary judgment, and ordered DHS...

DOJ: Giving Toddlers Lawyers in Immigration Court Would 'Destroy the Framework' of System

June Williams, Courthouse News, Mar. 24, 2016 - "A government attorney told a federal judge Thursday that appointing attorneys for all children facing deportation would "destroy the framework of the immigration system." The Justice Department and the American Civil Liberties Union battled...

Class Action Challenges DOJ/DHS Bond Policies in Immigration Court Cases: Hernandez v. Lynch

ACLU, Apr. 6, 2016 - "The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants’ financial resources or ability to pay, according to a class action lawsuit filed today . The suit, filed by the ACLU Foundation of Southern...

Texas Sued for Issuing Child-Care License to Immigration Jail

Madlin Mekelburg, Texas Tribune, May 3, 2016 - "A nonprofit organization has sued the Texas Department of Family and Protective Services for issuing a temporary child-care license to an immigration detention facility in Karnes City. Grassroots Leadership , which opposes for-profit prisons, says...

USCIS Sued Over 'Unlawful Delay' Of Citizenship Applications Of Muslims - Arapi v. USCIS

Talal Ansari, BuzzFeed News, May 18, 2016 - "The United States Citizenship and Immigration Services (USCIS) unlawfully delays the citizenship applications of Muslim immigrants due to a secretive immigration program, according to a lawsuit filed Wednesday in St. Louis. The lawsuit — filed by...

Honors Grad Denied DACA Renewal Due To Civil Protests, Sues USCIS: Unzueta v. USCIS

Unzueta v. USCIS, filed May 25, 2016 - "Defendants granted DACA to the Plaintiff in 2013, but denied “renewal” of DACA in 2015 after she continued to be outspoken in support of the rights of other noncitizens. Defendants purported to label Ms. Unzueta Carrasco’s citations for civil...

H-1B Lawsuit Demands Place in Line

Brent Renison, June 1, 2016 - " A place in line, not a rejection based on a computerized lottery, is what employers and employees are seeking in a soon-to-be-filed class action lawsuit challenging the H-1B lottery process. Unlike the lottery, however, there is no need to cross your fingers on this...

H-1B Lottery Lawsuit Filed - Tenrec v. USCIS

Parrilli Renison, June 2, 2016 - "Our firm has initiated a legal challenge to the current lottery process in place for H-1B cap subject petitions, which are at present required to be filed in a 5 day window and randomly selected without regard to order of filing in previous years. Our BLOG POST...

FOIA Lawsuit Filed Against CBP: AIC v. DHS

AIC, June 6, 2016 - "Two years ago, the American Immigration Council released an analysis of data it had obtained from the Department of Homeland Security detailing an utter lack of responsiveness to complaints filed against agents employed by United States Border Patrol. In fact, the report, No...

American Woman Sues for 'Inhuman & Degrading' Border Search: Cervantes v. USA

Jamie Ross, Courthouse News, June 10, 2016 - "Border Patrol agents subjected a teenage U.S. citizen to seven hours of abusive and degrading searches and strip searches for no reason as she tried to walk home from breakfast in Nogales — then they lied about it, her attorney says. As in many...

Asylum Seekers File Class Action Lawsuit Against DHS Over One-Year Filing Deadline

NWIRP, July 1, 2016 - "The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period. In fact, bureaucratic obstacles, a well-documented court backlog, and jurisdictional disputes between agencies often...

Texas Settles Birth Certificate Lawsuit - Updated

Julia Preston, New York Times, July 25, 2016 - "After Nancy Hernandez gave birth to a baby girl in a hospital in Texas in 2013, she went to a county office to get a birth certificate, just as she had after her first two children were born in the state. But officials told Ms. Hernandez, a Mexican...

Expert: Immigration Detention Lawsuit Could Send 'Strong Signal' to Feds

Sebastien Malo, Thomson Reuters Foundation, Aug. 19, 2016 - "A Honduran mother and young son have filed a lawsuit against U.S. authorities, claiming they were mistreated in detention facilities after they entered the country seeking asylum. The lawsuit, which lawyers say is the first to seek damages...

New York 'Dreamer' Challenges Texas Judge's Nationwide Immigration Injunction - Batalla Vidal v. Baran

NILC, Aug. 25, 2016 - "A first-of-its-kind lawsuit today opened up a new front in the defense of the Obama administration’s 2014 immigration relief initiatives, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood...

Expert: Lawsuit Challenging Hanen Injunction Faces 'Uphill Battle' - Law360

Allissa Wickham, Law360, Aug. 25, 2016 - "A new suit in New York federal court hoping to narrow the scope of the block against President Barack Obama’s immigration actions is being called “novel” and “creative” by experts, but they say the case may face a tough road...

MALDEF Files Suit Against University System of Georgia for Barring Deferred Action Students Admission to Selective Universities

MALDEF, Sept. 2, 2016 - " Three students are suing the University System of Georgia because of policies that ban them from attending the state's top school because of their immigration classification. The lawsuit was filed today by MALDEF (Mexican American Legal Defense and Educational Fund...

Lawsuit Challenges Arizona Law Denying Driver Licenses to Survivors of Domestic Violence and Other Immigrants

NILC, Sept. 13, 2016 - " Immigrant and civil rights groups have filed a legal challenge to Arizona’s policy of denying certain lawfully present immigrants access to driver’s licenses. The National Immigration Law Center (NILC), the Mexican American Legal Defense and Educational Fund...

Judge Denies Govt. Motion to Dismiss H-1B Lottery Lawsuit - Tenrec, Inc., v. USCIS

Entrylaw.com, Sept. 22, 2016 - " ORDER DENYING GOVERNMENT'S MOTION TO DISMISS . The Honorable Judge Simon denied the government's motion to dismiss the lawsuit, allowing the case to proceed. The Court set a hearing for December 19, 2016 at 2pm, at which time the attorneys will argue the...

Lawsuit Alleges Human Trafficking on American Fishing Boat: Sorihin v. Sea Queen II

Sept. 22, 2016, LAS-ELC - "Two men from Indonesia filed a federal lawsuit [in San Francisco, CA] today alleging that they were induced to pay high recruitment fees to work for a U.S.-based fishing vessel, whose captain mistreated them, isolated them at sea for months at a time, and didn’t...

Cyrus D. Mehta: Will the H-1B Lottery Lawsuit Force Change for the Better?

Cyrus D. Mehta, Sept. 30, 2016 - " A class action lawsuit, Tenrec, Inc. v. USCIS , challenging the annual H-1B lottery recently overcame a motion to dismiss, and will move forward. There is a decent chance that the plaintiffs may prevail and employers will no longer be subject to the H-1B lottery...

Suit Over Guest-Worker Spouse Permits Tossed - SAVE JOBS USA v. DHS

Jamie Ross, CNS, Oct. 3, 2016 - "Tech workers challenging a Department of Homeland Security rule allowing the spouses of guest workers to apply for employment did not prove the spouses would compete with them in job hunts, a federal judge found, tossing the suit . Save Jobs USA, a group of former...

Lawsuit Filed Against CSC to Halt RFE Crisis in I-612 Hardship, Persecution Waivers - Schmitt v. Johnson

Brian Schmitt, Oct. 18, 2016 - "From April 29, 2016 to present, Hake & Schmitt has received 10 hostile and abusive Requests for Evidence (RFEs) in I-612 hardship and persecution waiver applications. All 10 of the RFEs violated USCIS policy on the issuance of RFEs. The RFEs asked irrelevant and...

Lawsuit Filed Against Unconstitutional Louisiana State Law Blocking Immigrants from Marrying - Vo v. Gee

NILC, Oct. 18, 2016 - "A Louisiana man is challenging an unconstitutional state law that denies some immigrants in the state the fundamental right to a legal marriage. Viet “Victor” Anh Vo filed the lawsuit Vo v. Gee, et al. in the U.S. District Court for the Eastern District of Louisiana...

California Dreamer Challenges Nationwide Immigration Injunction - NILC

NILC, Nov. 3, 2016 - "A new federal lawsuit filed today advances efforts to reinstate the Obama administration’s immigration relief initiatives, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (expanded...