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Immigration Blog

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Saenz Mencia v. Allred explained

December 16, 2015|Contributed by: kirby@immigrationissues.com

Farms and ranches that hire sheepherders from abroad using the H-2A visa will want to take note of the recent Tenth Circuit case Saenz Mencia v. Allred.  Congress created the special visa category for sheepherders and goatherders because of the unique demands of the occupation, where employees work around the clock caring for flocks in […]

Updated: The U.S.’s Inadequate Response to the Syrian Refugee Crisis

November 25, 2015|Contributed by: kirby@immigrationissues.com

Last September, I wrote a blog about the Syrian refugee crisis.  Multiple stories of migrant deaths, including young children, had been reported in the media.  I, along with other people in the country, advocated that the U.S. needed to welcome a greater number of Syrians. Then, attacks in Beirut, Paris, and Egypt happened, not to […]

Department of State Sued after Denying Passport Application of an Intersex Applicant

November 25, 2015|Contributed by: Jennaweh Hondrogiannis, Esq.

Dana Alix Zzyym, a U.S. Navy Veteran and resident of Fort Collins, Colorado who uses the gender-neutral pronouns they, them and their has sued the State Department for denying their application for a U.S. passport.  The lawsuit argues that the State Department violated the 5th Amendment of the U.S. Constitution and the Administrative Procedures Act […]

McDonald’s Settles Immigrant Discrimination Claim with DOJ

November 23, 2015|Contributed by: Courtney E. Butler, Esq.

On November 19, 2015, McDonald’s settled a claim of immigrant discrimination with the Department of Justice, Civil Rights Division (“DOJ”).  The DOJ alleged that McDonald’s had engaged in a pattern or practice of discrimination in violation of the unfair immigration-related employment practices provision of 8 U.S.C. § 1324b(a)(6).  Specifically, the DOJ contended that McDonald’s had […]

CBP Further Delays Implementation of Body Worn Cameras

November 17, 2015|Contributed by: Koby L. Polaski, Esq.

Amidst nationwide controversy related to police brutality, law enforcement agencies throughout the United States have begun to implement body cameras. The goal of the body camera is to resolve any “he said, she said” arguments between civilians and law enforcement. The body camera records civilian encounters made by law enforcement and will benefit civilians and […]

Senate Rejects “Sanctuary Cities” Legislation

October 27, 2015|Contributed by: Courtney E. Butler, Esq.

On Tuesday, October 20, 2015, the United States Senate considered Senator David Vitter’s (R-LA) “Stop Sanctuary Policies and Protect Americans Act” (S. 2146). The Senate rejected the motion to proceed on the bill.  The vote would have required 60 “Yea” votes to begin debate; the motion failed 54-45. So-called “sanctuary cities” are those cities that […]

DHS Proposes Updated Regulations to Improve the Ability of Students in the STEM Fields to Work in the U.S.

October 23, 2015|Contributed by: kirby@immigrationissues.com

On October 19, the Department of Homeland Security (“DHS”) issued updated regulations for comment on the extension of Optional Practical Training (“OPT”) for F-1 students earning science, technology, engineering, and mathematics (“STEM”) degrees from U.S. universities and on “Cap-Gap” measures. The agency is doing so because similar regulations it issued in 2008 will be vacated […]

Subsection of Crime of Violence Definition Declared Unconstitutional by the 9th Circuit Court of Appeals

October 23, 2015|Contributed by: Koby L. Polaski, Esq.

In an important decision issued this week, the 9th Circuit Court of Appeals held that subsection 16(b) of the United States Code, Title 18, is unconstitutionally vague in the context of the Immigration and Nationality Act (“INA”). Dimaya v. Lynch, No. 11-71307, slip op. (9th Cir. Oct. 19, 2015). This subsection is incorporated into the […]

District Court Complaint Seeks Reinstatement of Earlier Visa Bulletin

October 1, 2015|Contributed by: Koby L. Polaski, Esq.

As previously reported on the Joseph & Hall P.C. Blog, the U.S. State Department published on September 9, 2015 its monthly Visa Bulletin containing major, long-awaited changes to the government’s visa issuance process. Perhaps the most substantial and welcome change was the addition of a date on which applicants can submit adjustment of status applications. […]

Revised October 2015 Visa Bulletin

September 25, 2015|Contributed by: kirby@immigrationissues.com

On September 25, 2015, the Department of State issued revised Visa Bulletin for October 2015.  The revised bulletin supersedes the previous bulletin which had been published on September 9, 2015.  The Department of Homeland Security will rely on the priority dates as listed in the newly revised version of the bulletin. USCIS anticipates many October […]

NOTABLE CASES

Appeals & Federal Litigation Cases

PURDUE UNIVERSITY v. EUGENE SCALIA

We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.

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AKER v. TRUMP

This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …

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ANUNCIATO v. TRUMP

This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.

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MILLIGAN v. POMPEO

This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc.

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