Due Process and the Courts
Why Are Immigration Court Hearings Being Set Into 2019?
The immigration court system in the United States is being stretched to the breaking point. Immigration courts have long been expected to do more and more work without the additional funding or personnel needed to do the job effectively. But now, the courts are struggling to handle newer cases… Read More
When is Possession of a Sock a Deportable Offense?
Last week, the Supreme Court heard oral arguments in Mellouli v. Holder, No. 13-1034, a case that shows just how out of step immigration enforcement has become. Moones Mellouli was a conditional lawful permanent resident engaged to a U.S. citizen and resided in the U.S. for 8 years,… Read More
U.S. Education of Foreign Students is Under Attack
Under the guise of protecting American workers, immigration restrictionists are trying again to prevent foreign students from having an opportunity to gain meaningful practical experience in the United States through a lawsuit against the Department of Homeland Security filed in March 2014 and brought, in part, by the Immigration… Read More
Top Five Immigration Stories of 2014
This year, the narrative on immigration swung from hope that the House of Representatives would follow the Senate’s lead and act on comprehensive immigration reform legislation to hopelessness when Republican leaders refused to act. Then attention turned to anticipation of the President’s announcement of temporary executive actions to… Read More
Legal Challenges to Immigration Executive Action: Long on Politics, Short on Law
Within hours of President Obama’s November announcement of his executive actions on immigration, collectively referred to as the Immigration Accountability Executive Action, lawsuits challenging these new policies began. The lawsuits appear to be politicized attempts to use the courts to challenge President Obama’s authority to defer deportations, even… Read More
Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.
This week, the federal district court for the Eastern District of Pennsylvania ruled that when U.S. Citizenship and Immigration Services (USCIS) granted Melvin Medina—a Honduran citizen who entered the United States without inspection on October 9, 1992—Temporary Protected Status (TPS), it “inspected and admitted” him for purposes of adjustment… Read More
How USCIS Tried to Keep Out a Skilled Brazilian Steakhouse Worker
When a U.S. multinational company wants to bring a talented employee from overseas to work in the U.S. for a fixed period, it typically pursues what’s called an “L-1 visa” for transferring employees between related entities. There are two L-1 categories—the L-1A, which is reserved for executives and managers; and… Read More
How Can a Three Year Old Represent Himself in Court?
Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves against deportation. Among them is Arturo,* a three year old who arrived at the United States border in… Read More
How Can a Three Year Old Represent Himself in Court?
Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves against deportation. Among them is Arturo,* a three year old who arrived at the United States border… Read More
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