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The Trump Administration Will Inflict More Damage to the Immigration System Before Leaving Office
As the Biden-Harris administration prepares to take office, many anxiously await what immigration policies the Trump administration will finalize in the lead up to Inauguration Day in the form of new regulations, memos, and proclamations. While it may be a “lame duck” period, it is one of the busiest as an administration will do all […]
Read MorePractice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act.
Read MoreDiscriminatory Treatment of Haitians Throughout History Informs Current Policy at the US-Mexico Border
For years, the Trump administration has argued that limited capacity at ports of entry led to its policy of turning back asylum seekers at the U.S.-Mexico border (the “turnback policy”). But a recent amicus—or “friend of the court”—brief filed in a lawsuit challenging this policy argues that the true justification is racial hostility. In the […]
Read MoreLawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by businesses in the United States.
Read MoreNew US Citizenship Test Makes It Harder for Immigrants to Become Citizens
Lawful permanent residents seeking to become U.S. citizens will now be required to take a more difficult and longer citizenship test. U.S. Citizenship and Immigration Services (USCIS) announced the change on November 13. The new test increases the total number of questions from 100 to 128. Applicants will be verbally asked 20 questions and must […]
Read MoreFederal Court Invalidates Changes to DACA Because Chad Wolf Was Unlawfully Appointed
A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the Department of Homeland Security (DHS)—was not lawfully appointed to his position. The federal judge’s decision may signal that other immigration policies enacted under […]
Read MoreBiden’s Immigration Plan Is a Promising Start in the Work Ahead
This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. President-elect Joe Biden’s plan on immigration stands in stark contrast to the xenophobic agenda the Trump administration has put forward the last four years. Much of Biden’s plan revolves around […]
Read MoreElection 2020 Recap: Examining a Diverse Hispanic Electorate
This year’s election saw the most racially and ethnically diverse U.S. electorate in history. For the first time in U.S. history, Hispanic Americans were the largest minority group among eligible voters, overtaking African Americans. This shift in the electorate is likely to have significant effects on the outcomes of future elections. While Hispanics nationwide supported […]
Read MoreCourt Protects Some TPS Holders’ Right to Apply for Green Cards
The U.S. Court of Appeals for the 8th Circuit ruled that certain people with Temporary Protected Status (TPS) can apply for green cards without leaving the United States. In Velazquez v. Barr, the Court held that receiving TPS is treated as an “inspection and admission” when someone applies for a green card. These prerequisites are […]
Read MoreHundreds of Cubans Who Cannot Be Deported Face Prolonged Detention
As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They have exhausted their options in their legal cases but remain detained months after a judge issued a final order of removal. This situation occurs because […]
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