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Practice 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 MoreTrump Administration Wants to Deny Work Permits to Some People Released From ICE Detention
The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because they cannot—or should not—be deported. A stated purpose of this new rule, published by the Department of Homeland Security (DHS), is to encourage people […]
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 MoreCouncil Files FOIA Lawsuit to Expose Immigration Enforcement in Federal Prisons
The American Immigration Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the University of California (UCLA) School of Law Professor Ingrid Eagly seeking to uncover the scope and operation of immigration enforcement within the Federal Bureau of Prisons (BOP) facilities. Why Was this Freedom of Information Act (FOIA) Request Filed? The Institutional Hearing […]
Read MoreUSCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists
U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the H-1B visa category does not […]
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 MoreAmerican Immigration Council Asks U.S. Supreme Court to Ensure Bond Hearings for Certain Immigrants Seeking Protection in the United States
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
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