ABIL-Immigration-Updates
FOLLOW ABIL
  • U.S. Blog
  • Global Blog
  • ABIL Home
  • ABIL Lawyers
  • News & Articles
  • More Immigration Blogs
    • ABIL Lawyers' Blogs
    • Immigration Blog Aggregator
  • Contact Us

California’s New Laws Protecting the Rights of Immigrants Are Civil Rights and Should Never Be Found to Be Unconstitutional

3/12/2018

0 Comments

 
By: Cyrus D. Mehta, ABIL Lawyer
​The Insightful Immigration Blog

​
The Trump administration has ramped up its ire against California by filing a lawsuit against three different California laws that aims to protect immigrants from the harsh effects of federal enforcement. The three laws are the Immigrant Worker Protection Act, which regulates the way private employers can respond to federal efforts to investigate workplace immigration law compliance; the California Values Act, which  limits communication from state and local law enforcement with federal immigration officials and prevents them from investigating people for immigration enforcement purposes; and  A.B. 103, which subjects local detention facilities to twice-yearly inspections by the Attorney General’s office.

The lawsuit, United States of America v. California, claims that the California laws render it impossible for the federal government to deport people not born in the United States who live in California. It alleges that California has obstructed the United States’ ability to enforce laws that Congress has created, and that the California protections violate the constitutional principle that federal immigration law is the supreme law of the land. All three laws were signed during the Trump administration. Governor Brown signed the Immigration Worker Protection Act and the California Values Act in October 2017, and A.B. 103 in June 2017.The lawsuit, which also names Governor Brown and AG Becerra as defendant, calls for a declaration that the provisions are invalid, as well as preliminary and permanent injunctions. Under the preemption doctrine, when a state law obstructs or conflicts with federal law, the state law is invalidated.

Remarkably the Trump administration has relied on Arizona v. United States, a 2012 Supreme Court decision that held that Arizona had overstepped its limits by enacting immigration laws that penalized non-citizens that undermined federal immigration law. When the Obama administration  launched this lawsuit against Arizona, it was criticized by Republicans as undermining state rights,  and it is thus ironic that the Trump administration is relying on Arizona v. United States to attack the laws of California that are the opposite of Arizona’s, which are friendly towards immigrants.

While advocates in favor of more friendly immigration laws, including yours truly, cheered when the Supreme Court found most of Arizona’s laws preempted by federal immigration law, this is not a case of double standards when the same advocates are critical of the Trump administration’s latest lawsuit against California. Arizona’s SB 1070 truly conflicted with federal immigration law, according to the Supreme Court, and were contrary to the federal immigration scheme that was enacted by Congress. Those laws literally usurped federal immigration law. For instance, Section 3 of SB 1070 penalized non-citizens for failure to carry registration documents even though there was a similar comprehensive federal requirement to carry registration documents. Section 5(c) criminalized unauthorized immigrants who applied for work. The federal scheme criminalized only employers, but not the individual for unauthorized work, and thus 5(c) stood as an obstacle to the objectives of Congress. Section 6 allowed Arizona police officers to make warrantless arrests based on probable cause that a non-citizen was removable from the United States. This too was preempted because under the federal scheme being removable is not a criminal offense. Still, Arizona was a mixed decision. Section 2(B), the most controversial provision of SB 1070 known as the “show me your papers” law, was upheld. The Supreme Court held that 2(B) was not creating a new state immigration law unlike the other provisions that were found unconstitutional; it only allowed Arizona police officers to determine if someone was unlawfully present by inquiring about person’s status with DHS, and such communication and exchange of information had not been foreclosed by Congress.

Would California’s laws, even if friendly towards immigrants, be preempted under Arizona v. US? The fact that a state may pass an immigrant friendly law rather than a punitive law is not determinative in analyzing whether the law has been preempted if those laws still pose an obstacle to the enforcement of federal law or are in conflict with it.

Under the doctrine of preemption, which is based on the Supremacy Clause in the US Constitution, federal law preempts state law, even when the laws conflict. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law. Notwithstanding the sweeping Constitutional mandate in favor federal laws being the supreme law of the country, states too possess sovereignty concurrent with the federal government. Therefore, the Intent of Congress is the key. When there is an express preemption provision in a federal statute, courts will identify the domain expressly preempted by that language.

When there is no express provision in a federal statute, a state law can also be impliedly preempted under field preemption or conflict preemption. Under field preemption, it must be demonstrated that the federal government has fully occupied the field it has chosen to regulate. In the case of conflict preemption, if there is a conflict between the state law and the federal law, it must be demonstrated that compliance with both federal and state law is a physical impossibility or that the state law stands as an obstacle to the purposes of Congress.

Relying on Arizona v. United States, the complaint in United States v. California claims that the United States has broad authority to establish immigration laws, the execution of which states cannot obstruct or discriminate against. The complaint further asserts that Congress has created laws that provide broad authority to the federal government to investigate, arrest, detain and remove non-citizens suspected to being or found to be unlawfully in the US. The complaint also states that consultation between the federal and state governments is an important feature of the immigration system, and thus a state may not prohibit its official from providing information to the DHS regarding the citizenship or immigration status of an individual. Finally, the complaint notes that Congress has enacted a comprehensive framework for combatting the employment of illegal aliens, and can penalize employers for not verifying the employment status of employees or for knowingly hiring unauthorized workers.

Although California will make extensive arguments in defending its laws, some preliminary observations can be made. The California laws have been enacted to protect the constitutional and civil rights of all people living in the state of California. While the federal government is authorized to enforce the immigration laws, there have been many instances of egregious abuses by ICE agents that violate the rights of California residents. California is not interfering in the enforcement federal immigration laws or usurping them like Arizona did, but is providing a constitutional baseline for federal agents when enforcing federal law. A state can pass laws with the objective of protecting its residents. Thus, in De Canas v. Bica, the Supreme Court held that a state law regulating non-citizens is not per se preempted as a regulation of federal immigration law, which is essentially a determination of who should or not be admitted in the country. States possess broad police powers to regulate the employment relationship and to protect workers within the state. Even if the California laws mildly frustrate federal authority, they only ensure that the civil rights of California residents subjected to heavy handed enforcement are protected. According to its website, the Civil Rights Enforcement Section in the California Attorney General’s office is committed to the strong and vigorous enforcement of federal and state civil rights laws.  Thus, the California laws have been enacted to protect a legitimate state interest – the constitutional and civil rights of its residents – rather than to oust the federal government from enforcing immigration laws. Federal ICE agents are still free to enter California to enforce the immigration law in order to apprehend, detain and deport non-citizens who are not lawfully in the US.

The California Values Act prohibits state and local officials from providing information regarding a person’s release, unless there is a judicial warrant or a judicial probable cause determination or the individual has been convicted of certain felonies or other serious crimes. It is well within the constitutional rights of a state to refuse to provide such information.   Pursuant to Printz v. United States, 521 U.S. 898 (1997), the federal government cannot commandeer states to enact or administer a federal regulatory program under the Tenth Amendment.  In that case, sheriffs challenged the federal Brady Act, which required local sheriffs to conduct background checks for gun purchasers. Some sheriffs resisted because they objected to the federal regulation of firearms. Justice Antonin Scalia, writing for the majority, held that the sheriffs, as well as states, cannot be commandeered under federal law enforcement schemes with which they disagreed. Moreover, the underpinning behind the California Values Act is to keep communities safe by ensuring that local police can function effectively within the community by not betraying the trust of immigrants who may cooperate as crime victims. If local police were required to provide information regarding non-citizens, they would not be able combat crimes effectively.

The Immigrant Worker Protection Act prevents employers from voluntarily consenting to an immigration enforcement agent form entering the workplace or providing access to the employer’s records, unless the agent has a judicial warrant or consent is otherwise required by federal law. The law also requires employers to notify employees within 72 hours off receiving a notice of inspection. While the Trump administration argues that preventing an employer from voluntarily consenting to an agent from entering the workplace or providing records undermines the ability of enforcement agents from enforcing the employer sanctions provisions under the Immigration and Nationality Act, what the California law does is to again set a baseline that would protect the constitutional and civil rights of California workers. The law does not prevent the federal government from enforcing federal law, it only insists that agents obtain a judicial warrant and workers be provided notice. It is well settled that ICE needs a judicial warrant under the Fourth Amendment in order to enter a private place without consent. Although the Immigrant Worker Protection Act precludes an employer from providing voluntary consent, which may be viewed as interfering with the federal scheme, a judicial warrant could still be justified as the workers may not have consented to a federal agent entering the work place even if the employer may have.

Similarly, California’s AB 103 requiring state officials to review county, local or private locked detention facilities in which noncitizens are being detained is to ensure that the detention facilities meet the constitutional standards. There have been far too many cases of non-citizens being detained for purposes of civil proceedings being abused and mistreated. Again, AB 103’s motivation is not to prevent the detention of non-citizens but to ensure that their detention meets minimum constitutional standards.

Although Attorney General Sessions on behalf of the Trump administration believes that California’s laws ought to be preempted based on Arizona v. United States, they are essentially civil rights laws. A state may enact laws ensuring the civil rights of its residents, including non-citizens, whether legal or not. Civil rights flow from the US Constitution, as well as California’s Constitution, and they ought not to be preempted, especially in light of egregious abuses by ICE agents in enforcing federal immigration law.  Ensuring civil rights to all is a bedrock American principle. Some believe that California may have gone too far, but it can be legitimately argued that a state law upholding civil rights should never be in conflict with a federal law or be an obstacle to federal immigration law enforcement. Civil rights must be adhered to by all government officials, including federal immigration authorities. The preemption doctrine cannot be invoked by federal authorities as an excuse for violating civil rights.


0 Comments

Fifth Circuit Precedent on Preemption Can Provide Obama with Path to Victory in Texas v. United States

5/31/2015

0 Comments

 
by Cyrus D. Mehta, ABIL Lawyer
The Insightful Immigration Blog


After a split Fifth Circuit panel declined to lift Judge Hanen’s preliminary injunction in Texas v. United States blocking President Obama’s two executive actions that could defer the deportations of an estimated 4.4 million people, the score was 2 in favor of Texas and 0 for President Obama.  One of the memorable quotes in the Rocky movie about boxing is apt here, “[I]t ain't how hard you hit; it's about how hard you can get hit, and keep moving forward.”

Although President Obama has been hit hard, his legal team has to keep moving forward and there is plenty to look forward to that can ultimately win the day for the 4.4 million who will benefit from deferred action.  Although there has been substantial analysis regarding the flaws in the latest decision, scant attention has been paid to a 2013 decision of the Fifth Circuit that held that a local ordinance penalizing  landlords and occupants for not being lawfully present in the United States was preempted under federal immigration law.  This decision may provide a narrow path to victory for President Obama.

In Villas at Parkside Partners v. Farmers Branch, 726 F.3d 524 (5th Cir. 2013), the Fifth Circuit struck down a Farmers Branch, TX, ordinance on preemption grounds because it conflicted with federal law regarding the ability of aliens not lawfully present in the United States to remain in the US. The Fifth Circuit also noted that the federal government’s ability to exercise discretion relating to removal of non-citizens is a key reason for a state or local regulation of immigration being preempted under the Supremacy Clause of the US Constitution:

Whereas the Supreme Court has made clear that there are "significant complexities involved in [making] . . . the determination whether a person is removable," and the decision is "entrusted to the discretion of the Federal Government," Arizona, 132 S. Ct. at 2506; see also Plyler, 457 U.S. at 236 (Blackmun, J., concurring) ("[T]he structure of the immigration statutes makes it impossible for the State to determine which aliens are entitled to residence, and which eventually will be deported."), the Ordinance allows state courts to assess the legality of a non-citizen's presence absent a "preclusive" federal determination, opening the door to conflicting state and federal rulings on the question.

Texas v. United States, on first brush, is not a preemption case as it does not involve a state law regulating immigration that conflicts with federal law. Plaintiff states challenged President Obama’s executive actions, mainly on grounds that the President did not issue a rule prior to implementing deferred action for parents who have citizen or permanent resident children in the US (DAPA) or expanded deferred action for childhood arrivals (DACA). Still, the Fifth Circuit’s panel refusing to stay the preliminary injunction of  Judge Hanen  does not bode too well for federal preemption of immigration law and policy, which has been upheld not only by the Fifth Circuit in Farmers Branch, but also by the Supreme Court in Arizona v. United States, 132 S.Ct. 2492, 2499 (2012),   which articulated:

A principal feature of the removal system is the broad discretion exercised by immigration officials…... Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. If removal proceedings commence, aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal….

Discretion in the enforcement of immigration law embraces immediate human concerns. Unauthorized workers trying to support their families, for example, likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service. Some discretionary decisions involve policy choices that bear on this Nation’s international relations. Returning an alien to his own country may be deemed inappropriate even where he has committed a removable offense or fails to meet the criteria for admission. The foreign state maybe mired in civil war, complicit in political persecution, or enduring conditions that create a real risk that the alien or his family will be harmed upon return. The dynamic nature of relations with other countries requires the Executive Branch to ensure that enforcement policies are consistent with this Nation’s foreign policy with respect to these and other realities.

When the actual merits of Judge Hanen’s injunction are considered by another panel of judges in the Fifth Circuit, they will hopefully take notice of Farmer’s Branch that was decided en banc, which upheld the federal government’s ability to exercise discretion in the removal of aliens under the preemption doctrine. Interestingly, Judges Smith and Elrod, who  decided against President Obama in the Fifth Circuit, were also among the dissenting judges in the Farmers Branch case.

The key issue in Texas v. United States is whether states should be even permitted to sue the federal government on immigration enforcement policy. If President Obama loses in the Fifth Circuit on the actual appeal, and the Supreme Court upholds it, then this would be an open invitation for any cantankerous state politician to bring a law suit against the federal government over an immigration policy that he or she dislikes. The ability of a state to harass the federal government could be endless. For instance, the federal government can invoke its authority to parole aliens into the United States under INA 212(d)(5), and could bring in a large group of people into the US for humanitarian reasons, such as victims of atrocities by ISIS in Iraq and Syria. A state opposed to the paroling of these aliens can potentially sue the federal government if it can manufacture some harm that would befall it, like Texas did, that it would be costly for the state to issue drivers licenses to them. Similarly, a state could sue the federal government for granting deferred action to victims of domestic violence or crime victims or widows and widowers of US citizens, like the federal government has done in the past. These sorts of challenges from states would undermine the long established doctrine that immigration policy is within the purview of the federal government and Congress. Another concern for upholding preemption of federal immigration law from interference by states is the concern about the relationship between immigration and foreign affairs. See Toll v. Moreno, 458 U.S. 1 (1982); Hines v. Davidowitz, 312 U.S. 52 (1941).  If a state were allowed to sue each time the federal government issued a policy and blocked it, this would upset the long acknowledged preemption doctrine relating to immigration. If there is a disagreement in how the Executive Branch implements immigration policy, it is for Congress to intervene by changing the law rather than for states like Texas to file a law suit.

Judge Higginson’s dissenting opinion (who also wrote the majority opinion in Farmers Branch) in the Fifth Circuit’s decision refusing to lift the stay correctly opined that President Obama’s executive actions are non-justiciable as they are internal executive enforcement guidelines. The dissenting opinion appropriately relied on the Supreme Court decision in Heckler v. Chaney,  470 U.S. 821 (1985), which held  “that an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agencies absolute discretion.”  Whether executive enforcement guidelines provide deferred action to millions rather than thousands or hundreds should not make them any more or less amenable to a legal challenge by a state. So long as the President does not grant legal status, which he cannot do under the INA (and both Judge Hanen and the majority in the Fifth Circuit confused legal status with lawful presence), it should not make a difference under Heckler v. Chaney whether deferred action is granted to thousands of spouses of military personnel or to millions of parents of citizen and permanent resident children.  Charles Kuck and others have forcefully proposed that President Obama should publish a rule in the Federal Register, and this would weaken plaintiffs’ chief claim that the President violated the Administrative Procedure Act by not proposing a rule for public notice and comment when implementing DAPA and DACA. While this is an intriguing idea, it would also be a cop out. Every new enforcement decision would have to go through the notice and comment procedure under the APA out of fear of inviting more law suits from states, and this would again undermine the preemption doctrine relating to immigration.

Indeed, one of the concurring opinions in Farmers Branch  acknowledged that the largely federal discretionary immigration enforcement system, including the grant of deferred action,  would be upset if a state regulation conflicted with it, and relied on Arizona v. USA by opining:  “The Court held that the statute stood as an impermissible obstacle to the design and purposes of the largely discretionary immigration enforcement system Congress created because it could result in “unnecessary harassment of some aliens (for instance, a veteran, college student, or someone assisting with a criminal investigation) whom federal officials determine should not be removed” and ultimately “would allow the State to achieve its own immigration policy.” [citation omitted]. Because such state-to-state variance “is not the system Congress created,” the Court held that the Arizona statute “violates the principle that the removal process is entrusted to the discretion of the Federal Government.””

There are many arguments that may ultimately carry the day for the Obama administration and its ability to bring relief to millions who are a low enforcement priority. In Crane v. Johnson, the federal government was victorious in a law suit against the previous 2012 DACA program as the Fifth Circuit held that Mississippi lacked standing since its claim to injury was speculative.  Texas, however, has been able to manufacture a more cogent harm regarding the burdens that would be caused in the issuance of new driver licenses. Regardless of the merits of a state’s standing claim, standing would be moot if the claim is non- justiciable as Judge Higginson found, and  Farmers Branch should provide the basis for this on the ground that a state cannot upset the preemption doctrine on immigration. It is no secret that Texas v. United States is a political fight as the plaintiff states are Republican, and the judges that have ruled against Obama have been appointed by Republican Presidents.  It is also true that the majority of judges in the Fifth Circuit are Republican appointees, but Farmers Branch was also decided en banc in the Fifth Circuit, and the panel that considers the appeal will be bound by its own precedent.
0 Comments

They Still Have Their Dream: Lawsuit Against Dreamers Will Go Nowhere

8/26/2012

0 Comments

 
by Cyrus D. Mehta, ABIL Lawyer and Gary Endelman
The Insightful Immigration Blog

“The arc of the moral universe is long but it bends towards justice.” Dr. Martin Luther King

As if the non-recognition by the governors of Arizona, Nebraska, Texas and Mississippi of Obama’s Consideration of Deferred Action for Childhood Arrivals (DACA) program was not enough, a lawsuit filed by disgruntled ICE agents further reveals the misguided hate against a most vulnerable and sympathetic immigrant population in the US – young  people who entered the US before they turned 16, and who are not in a lawful status through no fault of their own.

The law suit, Crane v. Napolitano, has been filed by 10 ICE agents in a federal court in Texas who are being represented by Kris Kobach – the architect of the anti-immigrant state laws of Arizona and Alabama. It is being bank rolled by NumbersUSA, an anti-immigrant organization, which has been called a hate group. Even the head of the AFL-CIO has slammed the plaintiffs as not representing legitimate union grievances (as 9 out of the 10 plaintiffs belong to the ICE Union) but as “working with some of the most anti-immigrant forces in the country, forces that have long sowed division and destruction.”

The law suit alleges that the recent prosecutorial discretion policies enunciated in the Memo by ICE Director John Morton  and DACA command ICE officers to violate federal law. In essence, ICE officers, according to plaintiffs,  are required to remove non-citizens who are not here legally while DACA prohibits an officer from doing just that, which among other things, requires the individual to have entered the US under the age of 16;  been continuously residing in the US from June 15, 2007 until June 15, 2012, and was present on June 15, 2012;  is currently in school, has graduated from high school or obtained a GED or has been honorably discharged from the Armed Forces or the Coast Guard;  and is not above the age of 30. Also, the qualified individual should not have been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and does not otherwise pose a threat to national security or public safety.

The law suit invokes provisions from the 1996 Immigration Act. The complaint alleges as follows:  “8 U.S.C. § 1225(a)(1) [INA § 235(a)(1)] requires that “an alien present in the United States who has not been admitted…shall be deemed for purposes of this chapter an applicant for admission.” This designation triggers 8 U.S.C. § 1225(a)(3) [INA § 235(a)(3)] which requires that all applicants for admission “shall be inspected by immigration officers.” This in turn triggers 8 U.S.C. § 1225(b)(2)(A)  [INA § 235(b)(2)(A)] which mandates that “if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.” The proceedings under 8 U.S.C. § 1229a [INA § 240] are removal proceedings in the United States immigration courts.”

Deferred action is neither recent nor radical. Widows of US citizens have been granted this benefit. Battered immigrants  have also known its sheltering arms.  Never has the size of a vulnerable population been a valid reason to say no. Knowing this, the extension of such relief to DACA applicants is less a leap into the unknown justified by some wild, lawless ideology than a sober reaffirmation of an existing tool for remediation in prior emergencies. Moreover, many EWIs are also eligible for adjustment of status under special provisions of the law, but they are not routinely detained under INA § 235(b)(2)(A).  While they may be entitled to admission beyond a clear doubt, such a determination is not been made upon the mere filing of the adjustment application. Moreover, this argument is clearly not applicable to individuals who enter the US on a valid visa and overstay, which is the case with many DACA applicants.

Also, Kobach's law suit conveniently omits to mention INA § 103(a)(1), which charges the DHS Secretary with the administration and enforcement of the Act, which in turn implies that the DHS can decide when to and when not to remove an alien. He also fails to mention INA 274A(h)(3)(B), which excludes from the definition of “unauthorized alien” any alien “authorized to be so employed . . . by the Attorney General.” After all, 8 CFR 274a.12(c)(14),  which authorizes the grant of employment authorization to one who has been granted deferred action, has been around for several decades. The only new thing about DACA is that the guidance memorandum set forth criteria for the grant of deferred action, and work authorization under 8 CFR 274a.12(c)(14).

Congress too has recognized “deferred action” in § 202(c)(2)(B)(viii) of the REAL ID Act as a status,  which can allow an alien to receive a driver’s license.  This stands in marked contrast to the stated refusal of the Republican gubernatorial quartet noted supra to allow issuance of state driver’s licenses. Texas Governor Perry apparently does not realize that current Texas law already allows deferred action beneficiaries who have an employment authorization document to get a one-year Texas license.

There is a direct conflict between these Governors and the provisions of the Real ID act that, as of January 1, 2013, will sanction issuance of state driver’s license to deferred action grantees, This has been brought out vividly in Nightmare in Arizona: Governor Brewer’s Nonsensical And Mean-Spirited Executive Order Against Dreamers, and is a classic example of conflict pre-emption that is constitutionally impermissible under Arizona v. United States, 132 S. Ct. 2492, 183  L.Ed.2d  351 (2012). Whatever state executives may think, when confronted with the expressed intent of Congress in the Real ID Act, their opposition to deferred action having state driver’s licenses must give way. State law cannot “stand as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Hines v. Davidowitz,  312 U.S. 52, 67 (1941). We suggest that the enemies of Dream Act relief tread softly and with great care. Gary Endelman & Cynthia Lange, The Perils of Preemption: Immigration and the Federalist Paradox, 13 Bender's Immigr. Bull. 1217 (Oct. 1, 2008).

We refer our readers to the excellent Immigration Impact blog on why Kobach and the plaintiffs will likely lose. One compelling argument that the blog makes is that the court will dismiss for lack of jurisdiction since a federal case cannot be made out of a difference of opinion between government employees and their superiors. The blog’s author Ben Winograd draws this apt analogy: “ICE agents hauling the head of the Department of Homeland Security (DHS) into court is like a law clerk suing a judge for writing a decision with which she disagrees—or Kobach’s own subordinates in Kansas seeking an injunction requiring him to perform his actual job as Kansas Secretary of State. It’s just not how the legal system works.”

We propose further suggestions why the law suit may have no merit. We now revive the argument that we made in The Tyranny of Priority Dates that the courts will most likely give deference to the administration’s interpretation of INA provisions in the event that it grants benefits, such as work authorization, through executive action. Indeed, in the recent past, another restrictionist group filed a similar law suit against an administrative measure, which failed. In Programmers Guild v. Chertoff,  08-cv-2666 (D.N.J. 2008), the Programmers Guild sued DHS challenging the regulation extending Optional Practical Training from 12 months to 29 months for STEM (Science, Technology, Engineering and Math) students. The plaintiffs in seeking a preliminary injunction argued that DHS had invented its own guest worker program without Congressional authorization. The court dismissed the suit for injunction on the ground that DHS was entitled to deference under Chevron USA, Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984). Under the oft quoted Chevron doctrine, courts will pay deference to the regulatory interpretation of the agency charged with executing the laws of the United States when there is ambiguity in the statute. The courts will step in only when the agency’s interpretation is irrational or in error. Similarly, the Supreme Court in Nat’l Cable & Telecomm. Ass’n v. Brand X Internet Servs., 545 U.S. 967 (2005), while affirming Chevron, held that if there is an ambiguous statute requiring agency deference under Chevron,  the agency’s interpretation will also trump a judicial decision interpreting the same statute. The court in dismissing the Programmers Guild lawsuit discussed the rulings in Chevron and Brand X to uphold the DHS’s ability to extend the student F-1 OPT regulation. Programmers Guild appealed and the Third Circuit also dismissed the lawsuit based on the fact that the Plaintiffs did not have standing. Programmers Guild, Inc. v. Chertoff,  338 Fed. Appx. 239 (3rd Cir. 2009), petition for cert. filed, (U.S. Nov. 13, 2009) (No. 09-590). While the Third Circuit did not address Chevron or Brand X – there was no need to – it interestingly cited Lorillard v. Pons, 434 U.S. 575, 580 (1978), which held that Congress is presumed to be aware of an administrative interpretation of a statute and to adopt that interpretation when it reenacts its statutes without change. Here, the F-1 practical training regulation was devoid of any reference to the displacement of domestic labor, and Congress chose not to enact any such reference, which is why the Programmers Guild lacked standing.

In the ICE agents’ case against DACA, the same arguments can be forcefully made. In the event that the court finds jurisdiction, a similar argument can be made that the DHS be given deference in interpreting INA § 103(a)(1), which would allow the DHS Secretary to set forth policies regarding the exercise of prosecutorial discretion as in the Morton Memo and under DACA. Surely, the “body of experience” and the “informed judgment” that DHS brings to the Dream Act provide its interpretations with  “ the power to persuade.” Skidmore  v. Swift  & Co., 323 U.S. 134, 140 (1944). As Justice Elena Kagan famously noted when she served as the Dean of the Harvard Law School, the increasingly vigorous resort to federal regulation as a tool for policy transformation by all Presidents since Ronald Reagan has made “the regulatory activities of the executive branch agencies more and more an extension of the President’s own policy and political agenda.” Elena Kagan, Presidential Administration, 114 Harv. L. Rev. 2245, 2246 (2001).

Kobach and his clients might profitably peruse Randolph J. May, Defining Deference Down: Independent Agencies and Chevron Deference, 58 Admin. L. Rev. 429 (2006) if they really want to know why they are wrong.  Writing for the Brand X majority, Justice Thomas noted that, in Chevron itself, the Supreme Court deferred to the reversal by the Reagan EPA in 1981 as to the meaning of “statutory source” in the 1977 Clean Air Act amendments. Id. at 440, n. 66.   If  Kobach does not know if the DHS has the power to act, or what the constitutional wellsprings of the DACA memoranda are, we suggest that the Supreme Court does. The very notion of Chevron-deference is “premised on the theory that a statute’s ambiguity constitutes an implicit delegation from Congress to the agency to fill in the statutory gap.” FDA v. Brown & Williamson Tobacco Corp., 529 US 120, 159 (2000).  That is precisely what the DHS has done. Moreover, INA § 274A(h)(3)(B) provides authority to the Executive Branch to grant employment authorization  to whomever it wants. Deferred action has also been around for decades, and Congress has been aware of this administrative benefit, which it recognized when enacting the Real ID Act. Until now, Chevron, and Brand X in particular, have been feared by the immigration bar and immigration advocates for its negative potential as a legitimization of government repression. Yet, it has a positive potential by enabling the Executive to expand individual rights and grant benefits sua sponte. We do not need to live in fear of Brand X. We can make it our own – at least in this law suit challenging DACA.

It is also worth mentioning that while the law suit may argue that there is no express Congressional authorization for the Obama Administration to implement such measures, the President may act within a “twilight zone” in which he may have concurrent authority with Congress. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635 (1952) (Jackson, J., concurring). Unlike Youngstown Sheet and Tube Co. v. Sawyer, where the Supreme Court held that the President could not seize a steel mill to resolve a labor dispute without Congressional authorization, the Administration under through the Morton Memo and DACA is well acting within Congressional authorization. In his famous concurring opinion, Justice Jackson reminded us that, however meritorious, separation of powers itself was not without limit: “While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity.” Id. at 635. Nativist lawyers look in vain for explicit authority in the INA that supports DACA relief. They can stop searching:

Congress …may not have expressly delegated authority to…fill a particular gap. Yet,it can still be apparent from the agency’s generally conferred authority that Congress will expect the agency to speak with the force of law when it addresses ambiguity in the statute…even one about which Congress did not actually have an intent as to a particular result.   United States v. Mead, 533 U.S. 218, 229(2001)

Finally, one cannot separate the vitriol against DREAMers in states like Arizona and the law suit challenging DACA. They emanate from the same xenophobia against immigrants without being able to see that the deserving beneficiaries of DACA are out of status for no fault of their own, and even if one pinpoints the blame on their parents, the reason for such a huge undocumented population is because of a broken immigration system that does not provide sufficient avenues to legalize oneself. This law suit challenging DACA, along with the opposition to DACA by the Arizona and other states, essentially challenges the federal government’s authority to exercise prosecutorial discretion. We think this is a losing proposition. In the Arizona v. USA decision, the Supreme Court acknowledged the federal government’s role in exercising prosecutorial discretion, where Justice Kennedy writing for the majority in that decision noted, “A principal feature of the removal system is the broad discretion exercised by immigration officials…Federal officials as an initial matter, must decide whether it makes sense to pursue removal at all.”  Kobach wants the Dreamers kicked out; neither he nor his ICE agents get to make that call; it is up to DHS to decide when, or whether, to initiate such an enforcement campaign.  Heckler v. Chaney, 470 U.S. 821, 835 (1985).  The reason is not hard to figure out;   inherent in the exercise of discretion is the bedrock truth that there is simply “no law to apply.” Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 410(1971). The good sense and fundamental decency of the American people, guided by the continuing truth of the Constitution, will have to make due. It has served us pretty well so far.
0 Comments

Dreaming in Arizona: Can Prosecutorial Discretion Co-Exist with Show Me Your Papers?

6/26/2012

0 Comments

 
by Cyrus D. Mehta, ABIL Lawyer and Gary Endelman
The Insightful Immigration Blog

In our blog, From Madison to Morton: Can Prosecutorial Discretion Trump State Action In USA v. Arizona?, we speculated whether the federal government’s ability to decide not to remove certain non-citizens from the US would be its trump card in Arizona v. USA, 567 U.S ___ (2012). A few days prior to Arizona v. USA, the Obama administration announced deferred action for young persons via a June 15, 2012 memorandum, which will prevent the deportation of over a million people who fell out of status of no fault of their own while Arizona’s SB 1070 aims at driving away these very people through an attrition policy. These young people who will benefit under administrative deferred action would have otherwise been eligible under the DREAM Act, which narrowly failed to pass Congress in December 2010.

We were almost correct. In a 5-3 ruling (with Justice Kagan recusing), the Supreme Court invalidated most of the provisions of SB 1070 on the grounds that they were preempted by federal law such as criminalizing the failure to carry registration documents (section 3), criminalizing an alien’s ability to apply for or perform work (section 5(c)), and authorizing state officers to arrest a person based on probable cause that he or she has committed a removable offense (section 6). On the other hand, the Supreme Court, 8-0, narrowly upheld section 2(B), the “show me your papers” law,  which requires state officers to make “a reasonable attempt….to determine the immigration status” of any person they stop, detain, or arrest on some other legitimate basis if “reasonable suspicion exists that the person is an alien and is unlawfully present in the United States.” Section 2(B) further provides that “[a]ny person who is arrested shall have the person’s immigration status determined before the person is released.”

Before we analyze the Court’s narrow upholding of section 2(B) and how it would impact the federal government’s prosecutorial discretion policies, the following extract from Justice Kennedy’s majority opinion acknowledging the federal government’s ability to exercise prosecutorial discretion is worth noting:

A principal feature of the removal system is the broad discretion exercised by immigration officials…... Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. If removal proceedings commence, aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal….

Discretion in the enforcement of immigration law embraces immediate human concerns. Unauthorized workers trying to support their families, for example, likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service. Some discretionary decisions involve policy choices that bear on this Nation’s international relations. Returning an alien to his own country may be deemed inappropriate even where he has committed a removable offense or fails to meet the criteria for admission. The foreign state maybe mired in civil war, complicit in political persecution, or enduring conditions that create a real risk that the alien or his family will be harmed upon return. The dynamic nature of relations with other countries requires the Executive Branch to ensure that enforcement policies are consistent with this Nation’s foreign policy with respect to these and other realities.

Arizona v. USA, supra, Slip Op. at pages 4-5.

It is indeed unfortunate that despite noting the role of the federal government in formulating immigration policy, the Court did not, at least for the moment, invalidate 2(B), which essentially legalizes racial profiling. See US v. Brignoni-Ponce, 422 US 873 (1975) (Mexican ancestry on its own cannot be an articulable fact to stop a person). The Court was obviously mindful of concerns relating to racial profiling, but the case that the United States brought against Arizona is more about whether federal immigration law preempts 2(B) and the other provisions of SB 1070. Both conservative and liberal justices did not think so since 2(B) was not creating a new state immigration law as the other invalidated provisions did. All that 2(B) does is to allow Arizona police officers to determine if someone was unlawfully present in the context of a lawful stop by inquiring about that person’s status with the federal Department of Homeland Security, and such communication and exchange of information has not been foreclosed by Congress.

The question is whether 2(B) will interfere with the federal government’s dramatic new prosecutorial initiative to not deport over a million young undocumented people if they met certain criteria. The June 15 memorandum on deferred action directs the heads of USCIS, CBP and ICE to exercise prosecutorial discretion, and thus grant deferred action, to an individual who came to the United States under the age of 16, has continuously resided in the US for at least 5 years preceding the date of the memorandum and was present in the US on the date of the memorandum, and who is currently in school, or has graduated from school or obtained a general education certificate, or who is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States. Moreover, this individual should not be above the age of thirty and should also not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety. This directive further applies to individuals in removal proceedings as well as those who have already obtained removal orders. The grant of deferred action also allows the non-citizen to apply for employment authorization pursuant to an existing regulation, 8 CFR § 274a(c)(14).

Even though the new deferred action policy has not been implemented, the memorandum instructs ICE and CBP to refrain from placing qualified persons in removal proceedings or from removing them from the US. How does this very explicit instruction to ICE and CBP officials square with Arizona’s section 2(B)?  While Justice Scalia, who fiercely dissented and blasted the Obama administration from the bench, saw no need for preemption of any of Arizona’s provisions based on the federal government’s ability to exercise prosecutorial discretion, the majority, fortunately, were more mindful of this factor. Suppose a young DREAMer who prima facie qualifies under the deferred action program was stopped for jaywalking in Tuscon, and the Arizona police officer had a reasonable suspicion that her presence was unlawful, would it be reasonable for the police officer to detain this person even though she would not ordinarily be detained for the offense of jay walking? Even if the Arizona officer could query ICE about her status, how long would it take for ICE to respond? Moreover, even though she may qualify for the deferred action program, how would ICE be able to tell if there is no record of her application at all? DHS has yet to even create an application process, but it has instructed its officers from immediately refraining placing such persons in removal proceedings or removing them from the US. Even once an application is lodged, it may take weeks or months before the DHS is able to grant deferred action. While this person should not be apprehended by the federal government under its deferred action policy, Arizona could potentially hold her.

But not for long. The majority explicitly held that 2(B) should be read to avoid the hold of a person solely to verify his or her immigration status. The Court noted in connection with the jaywalker hypothetical, “The state courts may conclude that unless the person continues to be suspected of some crime for which he may be detained by state officers, it would not be reasonable to prolong the stop for the immigration inquiry.” Slip Op. at 22 (citation omitted). Even in a case where a person is held in state custody for a non-immigration offense, the Court cautioned that the delay in obtaining verification from the federal government should not be a reason to prolong that person’s detention. The Court also suggested that 2(B) ought to be “read as an instruction to initiate a status check every time someone is arrested…rather than a command to hold the person until the check is complete no matter the circumstances. Slip Op. at 23. This temporal limitation harkens back to the Court’s rationale for justifying warrantless stops by roving patrols in the border regions with Mexico in Brignoni-Ponce:

The intrusion is modest. The Government tells us that a stop by a roving patrol "usually consumes no more than a minute." Brief for United States 25. There is no search of the vehicle or its occupants, and the visual inspection is limited to those parts of the vehicle that can be seen by anyone standing alongside…(citation omitted) . According to the Government ;"[a]ll that is required of the vehicle's occupants is a response to a brief question or two and possibly the production of a document evidencing a right to be in the United States.  422 US at 880.

Finally the Court noted that its opinion did not foreclose other preemption and constitutional challenges as the law as interpreted and applied after it goes into effect. This is particularly the case if delay in the release of a detainee flowed from the requirement to check their immigration status. Indeed, it is only if such status verification took place during a routine stop or arrest and could be accomplished quickly and efficiently could a conflict with federal immigration law be avoided.

As for Justice Scalia, who concurred with the majority on 2(B), but also dissented as he would have upheld all of the other provisions, it is ironic that he is willing to have Arizona add to penalties imposed by Congress but not willing to let the President, a co-equal branch whose role in federal immigration policy is certainly less subject to challenge than that of the states, relieve the harsh impact of such penalties for a discretely delineated protected class. It is also ironic that the Administration is actively moving ahead to find an administrative solution to our broken immigration system by granting DREAM act relief while Arizona seeks to uphold its right to put in place an enforcement mechanism it may not seek to enforce, if only to avoid further constitutional challenge.

It does not require a crystal ball to imagine that 2(B), if enforced,  will cause mayhem for young DREAMers and their ability to remain in the US through further administrative remedies, despite the Court’s narrow upholding of the provision. It will be difficult, if not impossible, for ICE to communicate with certainty to overzealous Arizona officials like Sheriff Joe that a young person who qualifies for the deferred action program is not unlawfully present. In fact, such a person continues to be unlawfully present even though he or she may qualify for deferred action presently, prior to the filing of the application. Moreover, even after an application is filed, it is not clear how long DHS will actually take to grant deferred action and such a person will still remain unlawfully present during the pendency of the application. Although the grant of deferred action stops unlawful presence for purposes of the federal 3-10 year bars to reentry, it is not clear whether the Arizona definition of lawful presence would recognize someone who has an outstanding removal order but who has also been granted deferred action.  This situation, and many others, such as a potential US citizen being detained for being suspected of being unlawfully present, will result in further challenges to 2(B), which hopefully, the next time around, will be successful.

The Court upheld 2(B) because there was no evidence that Arizona was yet enforcing it. Indeed, for all practical purposes, it had yet to go into effect. Given the natural judicial reluctance to fray the bonds of federalist comity, the Supreme Court stayed its hand for now so that state courts could determine whether SB 1070 could be consistently administered within the straitjacket of the Supreme Court’s ruling. So, in this sense, the issue was not ripe for a determination on pre-emption.  When will this change? How many will have to suffer the consequences before the Supreme Court will act? For this reason, knowing what the future will bring, the nation and its liberties would have been better served if 2(B) had been invalidated.   It is hard to imagine how Section 2(B) can survive if and when Arizona tries to make it come alive. Let us not forget that, despite Arizona Governor Brewer’s protestation to the contrary, the real guts of this law, the warrantless arbitrary arrest powers granted by Section 6, did not survive today. The rule of law did. The status check authorized by Section 2(B) can only happen after there is probable cause to believe that a non-immigration law violation has taken place, and they happen very quickly so as not to prolong any stop or detention. For all our concerns, and despite our fondest hopes for a more sweeping victory, the Supreme Court has reaffirmed our oldest national tradition, that here in America, there is still much room to dream- in Arizona and beyond.
0 Comments

Hidden Treasure: How States That Want Immigrants Can Take Advantage of Arizona vs. US

5/6/2012

0 Comments

 
by Cyrus D. Mehta, ABIL Lawyer and Gary Endelman
The Insightful Immigration Blog

Anyone in favor of federal preemption of state immigration laws, especially Arizona’s SB 1070, was disappointed with the way the oral arguments before the Supreme Court justices on April 25, 2012 turned out in Arizona v. US.  It appears that the core provision of SB 1070, Section 2(B), which mandates police officers to determine the immigration status of anyone they stop if they have a “reasonable suspicion” that the person in “unlawfully present in the United States” may be upheld even if other provisions are  preempted. And while it is obvious that this provision would lead to racial profiling, the case that the United States brought against Arizona is more about whether federal immigration law preempts 2(B) and other provisions. Both conservative and liberal justices did not think so since 2(B) was not creating a new state immigration law. All it does is to allow police officers to determine if someone was unlawfully present by inquiring about that person’s status with the federal Department of Homeland Security. Whether this would lead to the incarceration of both citizens and lawfully present non-citizens did not seem to concern the justices as the inquiry regarding immigration status would be made in conjunction with another state offense, such as speeding or driving without a license. Moreover, even without SB 1070, the justices noted that the federal government has allowed state enforcement personnel to do much the same thing, especially through its Secure Communities program or through cooperation in the “investigation, apprehension or detention of aliens in the United States” under INA § 287(g).

The colloquy, below,  between Chief Justice Roberts and Solicitor General Verrilli  during oral argument gives us some insight into why 2(B) is likely to be upheld:

CHIEF JUSTICE ROBERTS: Right. So, apart from Section 3 and Section 5, take those off the table, you have no objection to Section 2?

GENERAL VERRILLI: We do, Your Honor. But, before I take 3 and 5 off the table, if I could make one more point about 3 and 5, please? The -- I think -­because I think it's important to understand the dilemma that this puts the Federal government in.

Arizona has got this population, and they've -- and they're, by law, committed to maximum enforcement. And so the Federal government's got to decide, are we going to take our resources, which we deploy for removal, and are we going to use them to deal with this population, even if it is to the detriment of our priorities –­

CHIEF JUSTICE ROBERTS: Exactly. You -- the Federal government has to decide where it's going to use its resources. And what the state is saying, here are people who are here in violation of Federal law, you make the decision. And if your decision is you don't want to prosecute those people, fine, that's entirely up to you. That's why I don't see the problem with Section 2(B).

We hope we are proved wrong and the Supreme Court will find SB 1070 unconstitutional in its entirety, but even if we are not wrong, do not lose heart. Good things can also come out of it.  Take a look at Peter Spiro’s intriguing essay in the New York Times, where he argues that even if SB 1070 stands, it will ultimately wither as Arizona, and other copycat states, will continue to hurt economically. Thus, such laws that Arizona and some states will enforce with vigor will ultimately die their own natural death. Of course, this still does not excuse the fact that 2(B), while in existence, is likely to result in mass incarcerations, while the state police inquire about each detainee’s status. One saving grace it that someone who is actually affected, such as an individual who is lawfully present,  can mount another challenge based on due process and equal protection violations, rather than preemption, and this may have more of a chance to succeed. In the mean time, Spiro states, “One of federalism’s core virtues is the possibility of competition among states. Competition in this context is likely to vindicate pro-immigrant policies.” Thus, most other states that welcome immigrants, legal and undocumented, and recognize their contributions, will deliberately not pass similar laws like Arizona’s. By not enacting similar laws, they will be competing with those states by enticing their corporations, as well as jobs, to move over.

While there are very good arguments in support of preemption, if  part of SB 1070 is upheld, states that want immigrants can go even further than do nothing. For instance, a state can pass a law that encourages immigrants who reside within to apply for a personal endorsement from the state’s governor in support of a national interest waiver request, which waives the job offer and labor certification requirement, when applying for permanent residency. The state can set criteria for whom it wants to encourage, such as entrepreneurs or robotics specialists, and its governor can write a  personal letter in support of their petitions for permanent residency through the federal national interest waiver pursuant to INA § 203(b)(2)(B)(i). As in Arizona’s Section 2(B), the state is not creating a new immigration category, but simply assisting the federal government to make a determination under federal law. Unlike Arizona’s SB 1070, which is premised on driving away immigrants from the state through attrition, the purpose of a state law in our hypothetical example is to encourage the immigrant to remain in that state and contribute to its economy, which in turn will benefit the national interest of the US. Indeed, we commend noted attorney Rami Fakhoury of Troy, Michigan, who is proposing such standards for Governor Snyder of Michigan to implement in order to support a national interest waiver request from a Michigan resident.

In the same vein, a state can designate certain occupations as shortage occupations, which may assist the Department of Labor in more easily certifying a labor certification  pursuant to INA § 212(a)(5) of an employer filed on behalf of a non-citizen resident in the state. A state can be a more effective judge of shortage occupations than the federal government, and if a labor certification is filed on behalf of a non-citizen in that particular state designated shortage occupation, the DOL may be more influenced in making a favorable determination on the labor certification. Similarly, even with regards to an undocumented immigrant, a state may be able to enact criteria for recommending that such a person, who has otherwise not been convicted of serious crimes and is say an essential farm worker,  is deserving of prosecutorial discretion by the federal government under its new prosecutorial discretion policy and thus be permitted to remain in the state and  prevent its farm produce from otherwise rotting away. There may already be such authority under INA § 287(g), which authorizes the federal government to enter into a written agreement with a state to perform the function of a qualified immigration officer in relation to the “investigation, apprehension and detention” of non-citizens. In the era where the government has implemented a broad prosecutorial discretion policy, a state can assist the federal government in the “investigation, ”  rather than the apprehension or detention, of an individual who may merit such discretion from the federal government.

While Utah has also passed an enforcement oriented immigration law similar to Arizona’s, it contains one unique provision quite unlike any other state’s law. The Utah provision offers work permits to undocumented immigrants who pass background checks, have paid fines and can demonstrate a work history. The measure does not offer legal status or citizenship, but would allow unauthorized workers who meet its criteria to continue working in Utah. This provision also requires a federal waiver. If the Utah provision, which is currently enjoined, is allowed to go forward, in the event that the Supreme Court gives a green signal to states in Arizona v. US, we estimate that there will be more states that will enact laws similar to the Utah guest worker provision than Arizona’s SB 1070.

There is no reason to think that it will always be punitive. Many of the progressive achievements in modern American history, such as women suffrage, popular election of senators, wage and hour laws, occupational safety, and most recently same sex marriages, to name but a select few, first appeared on the state level. The many instances where federal intervention has been necessary to protect civil rights against state abuse should not blind us to the possibility that state action can also be a force for good. Long ago, Justice Brandeis recognized that federalism offered a constitutional framework for experimentation and creativity:

To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences to the Nation. It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country…

New State Ice Co. v. Liebmann, 285 U.S. 262, 52 S.Ct. 371, 76 L.Ed. 747 (1932)(Brandeis, J. dissent)

Since the New Deal, the operating assumption in American politics has been that reform must come from Washington DC to be imposed upon the states. The growth of the imperial presidency has flowed directly and inevitably from this core conviction. This is certainly the case with immigration reform given the plenary federal power over this issue as an extension of foreign policy. The inability or unwillingness of Congress to deal effectively with undocumented migration to this country on an unprecedented level has created the impetus for state action to fill up the vacuum. We advocate that Congress must deal with this situation by creating more pathways to legal status over an enforcement only approach, which is what states like Arizona have done.  Until now, such state action has been deprived of constitutional legitimacy; the Supreme Court may be ready to change that. Indeed, the first signs of this came with Chamber of Commerce v. Whiting, 131 S. Ct. 1968, 179 L.Ed.2d 1031 (2011) when a 5-3 ruling upheld the 2007 Legal Arizona Workers Act thus transforming the power of state regulators to grant or withhold business and professional licenses into tools of immigration enforcement. Should the High Court sustain SB 1070, for the first time since the 1870’s, the states will be able to take advantage of a constitutional regime that not only tolerates but welcomes their presence and invites their participation. Of course, Congress can also deal with states legislating on immigration by expressly preempting such action, but one will need to wait for that day to happen.

Those who think immigration is good for America will then have to find a way to review and revise their most basic assumptions on the nature of American reform. There is a way to make lemonade out of lemons.  Even now, not all state and local action has been negative. Utah is but one such example. Look and you will find others. Congress may not have passed a federal Dream Act but California and Illinois have done precisely that on the state level. Maryland too adopted its own Dream Act in 2011 and the Maryland Supreme Court will soon decide if this measure must go to a voter referendum this fall. In his most recent state-of-the-city address, New York City Mayor Michael Bloomberg vigorously supported a Dream Act for New York State, though Governor Cuomo has yet to declare his position. 12 states now grant in-state tuition rates to undocumented students. Texas, California and New Mexico provide financial aid to undocumented students. If we look north to our neighbor, Canada, its provinces have considerable influence in Canada’s immigration policy. An intending immigrant to Canada will get a preference if he or she meets certain requirements of Quebec province, for example.

Our position on SB 1070 has not changed. We do not believe it is constitutional. We do not write to endorse a patchwork immigration system of 50 different approaches without unity or definition. The dangers of this are apparent to all and we devoutly wish that our ideas will be made irrelevant when the Supreme Court finds SB 1070 to be constitutionally impermissible. Yet, candor requires us to admit that the result may not be as we would like. Now is the time to prepare for what may come and think the unthinkable. We owe it to our clients and our country to turn a problem into an opportunity.  Until now, both supporters and critics of SB 1070 have assumed that if the Supreme Court were to uphold the law,  it will unleash a tsunami of copycat legislation. This may happen and it may hurt. Yet, the future often has a way of surprising us. More may emerge; the outcome could well be different than what most hope or fear. This blog points a way forward. What happens next is up to you.

(The views expressed by guest author, Gary Endelman, are his own and not of his firm, FosterQuan, LLP)
0 Comments
    Picture

    TO SUBSCRIBE

    Click the RSS Feed below

    RSS Feed

    ABIL

    The Alliance of Business Immigration Lawyers (ABIL) provides global reach and personal touch. We all value great legal ability and provide high standards of care and concern.

    Archives

    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011

    Categories

    All
    104(c)
    106(a)
    106(b)
    10-year Bar
    1252(a)(2)(D)
    12-Step Groups
    1967 Optional Protocol
    1 Year H-1B Extension
    2011 Immigration Awards
    2012 Elections
    2012 Immigration Awards
    2012 Immigration Year In Review
    2012 Nation Of Immigrators Awards
    2013
    2013; HB-87
    2013 In Immigration
    2014 Immigration Highlights
    2017
    204(j) Portability
    20 CFR § 656.12(b)
    20 CFR 656.17(f)
    212(a)(9)
    212(f) Of Immigration And Nationality Act
    212(i) Waiver
    212(k) Waiver
    245(i)
    274B
    287(g)
    3 And 10 Year Bars
    3 And 10 Year Bars.
    3d Printing Technology
    3 Year H-1B Extension
    458
    5 C.F.R. § 2635.402
    5th Circuit
    5 U.S.C. § 706(2)(A)
    5 U.S.C. § 706(2)(E)
    60 Day Grace Period
    79 Federal Register 79
    8 C.F.R. § 1003.10(b)
    8 USC § 1324b
    8 Usc 1621
    90 Day Misrepresentation
    9/11
    A-1 Diplomatic Visa
    AAO
    AB 103
    Ab 1159
    Ab 263
    AB 450
    ABA Model Rule 1.14
    ABA Model Rule 1.2(c)
    ABA Model Rule 1.2(d)
    ABA Model Rule 1.7(b)
    ABA Model Rule 3.3
    Abandonment
    Abolition Of 90 Day EAD Rule
    AC21
    AC 21
    Ac 21 + Status + H-1B
    Accountability
    ACLU
    Acus
    Additional Recruitment Steps
    Adjudicators
    "Adjustment Of Status"
    Adjustment Of Status
    Adjustment Of Status Portability
    Adjustment Portability
    "Administrative Appeals Office"
    Administrative Appeals Office
    Administrative Closure
    Administrative Conference Of The United States
    Administrative Fixes
    Administrative Law Judge
    Administrative Procedure Act
    Administrative Procedures Act
    Administrative Reform
    Administrative Review
    Administrative Review Board
    Admissibility
    Admissibility Review Office
    Admission
    Admissions
    Admitting To A Crime
    Adopted Decision
    Adoption
    Advance Parole
    Advertisement
    Advertisements
    Affidavit Of Support
    Affluent Foreigners
    Affordable Care Act
    Affording Congress An Opportunity To Address Family Separation
    AFL-CIO
    Agency Updates
    Aggravated Felon
    Aging Population
    AG Sessions
    Ahmed V. Gonzales
    AICTE
    Aila
    Airport Screenings
    Akayed Ullah
    Alabama Anti-Immigrant Law
    Alberto Gonzales
    ALCA
    Alejandro Mayorkas
    Alerts
    Alfredo Quinones-Hinojosa
    Alien
    Aliens
    Ali Mayorkas
    Alj
    All-India Council For Technical Education
    Ameircan Competitiveness In The 21st Century Act
    Amended H-1B Petition
    Amendment
    America
    America And Immigration
    America First
    America In Decline
    American Academy Of Religion V. Napolitano
    American Citizenship
    American Competitiveness In 21st Century Act
    American Council On International Personnel
    American Exceptionalism
    American Football
    American History
    American Immigration Lawyers Association
    American Kaleidoscope
    American Role
    Angelo A. Paparelli
    Ann Coulter
    Anonymity
    Anthony Kennedy
    Antidiscrimination
    Anti-immigrant
    Anti-immigration
    Anti-Immigration Legislation
    Anti-Immigration Movements
    Anti-Immigration Rhetoric
    Anti-Trump Protestors
    Ap
    APA
    APA Violation
    Appeals Administrative Office
    Appeasement
    Appellate Bodies
    Appellate Law
    Ap Stylebook
    Arbitrary Quotas
    Arden Leave
    Area Of Intended Employment
    Arizona
    Arizona Dream Act Coalition V. Brewer
    Arizona V. United States
    Arizona V. USA
    Aro
    Arpaio V. Obama
    Arrabally
    ART
    Artificial Reproductive Technology
    Assembly Bill 103
    Assembly Bill 263
    Assembly Bill 450
    Assisted Reproductive Technology
    Associated Press
    Asylum
    Asylum Claims
    ATLANTA
    ATLANTA IMMIGRATION LAWYER AT KUCK IMMIGRATION PARTNERS
    At Risk Investment
    Attorney Advertising
    Attorney Business Account
    Attorney Fees
    Attorney General
    Attorney General Javier Becerra
    Attorney General Jeff Sessions
    Attorney General Self-referral
    Attorney General Sessions
    Attorneys
    Attorney's Role
    Attorney Trust Account
    Attrition
    Audit
    Audits
    Auer V. Robbins
    August 18 Policy
    Australia
    Automatic Conversion Provision
    Automatic Extension EAD
    Avvo
    Avvo Legal Services
    Aziz V. Trump
    B-1
    B-1 In Lieu Of H-1B
    B-1 Visa
    B-1 Visas
    B-2
    B-2 Bridge
    Backlog
    Backlogged Countries
    Backlogs
    BAHA
    BALCA
    Bally Gaming
    Ban On Travellers
    Barack Obama
    Barring Entry To Protestors
    Bautista V. Attorney General
    Beltway Visa
    Beneficiary Pays Fees
    Benefit
    Benefits Of H-1B Visa
    Benefit The US Economy
    Best Practices
    Bilateral Investment Treaties
    Binational
    Biographies
    Biography
    Birthright Citizenship
    Blog Series
    Bloomberg
    Blueseed
    Bokhari V. Holder
    Bona Fide Marriage
    Bona Fide Termination
    Border Crossings
    Border Patrol
    Border Security
    Boston Marathon
    Boston Marathon Bombings
    Bradley
    Bradley V. Attorney General
    Brain Drain
    Brain Pickings
    Brains Act
    Brand X
    Brand X.
    Brazil
    Brazil Quality Stones Inc V. Chertoff
    Brent Renison
    Brexit
    Bridges V. Wixon
    Bridge The Gap
    British Riots
    Broader Definition Of Affiliation
    Broken Promises
    Brooklyn Law Incubator Policy Clinic
    Bseoima
    Bullying Words
    Business Necessity
    Business Visitors
    Business Visitor Visas
    Buy American Hire American
    California Attorney General Javier Becerra
    California Immigrant Worker Protection Act
    "California Immigration Law"
    California Immigration Law
    "California Immigration Laws"
    California Immigration Laws
    California’s Community Oriented Policing Services
    California Service Center
    Camo Technologies
    Canada Point Assessment
    Canadian Council For Refugees
    Cancellation Of Removal
    Candor To The Tribunal
    Candor To Tribunal
    Capitalist Ideals
    Careen Shannon
    Career Progression
    Carrp
    Case Completion Quotas
    CATA V. Solis
    Cato Institute
    Cato Institute Report
    CBP
    Ccg Metamedia
    Certification Of Questions Of State Law
    Cesar Chavez
    Chaidez V. United States
    Chaidez V. U.S.
    Chain Migration
    Chamber Of Commerce V. Whiting
    Change In Worksite
    Change Of Status
    Charles Garcia
    Charles Hossein Zenderoudi
    Charles Kuck
    Chemical Weapons
    Chennai
    Chevron
    Chevron Deference
    Child
    Children
    Child Status Protection Act
    Chile
    China
    Chinese Investors
    CHIP
    Chip Rogers
    Chobani
    Chris Crane
    Chuck Grassley
    Chuck Schumer
    Cimt
    Cir
    Cis
    Cis Ombudsman Second Annual Conference
    Citizenship
    Citizenship And Nationality
    Citizenship Application
    Citizenship Status
    Citizenship Status Discrimination
    Citizens United
    Ciudad Juarez
    Civil Disobedience
    Civil Gideon
    Civil Rights
    Civil Rights To All In New York
    Civil Surgeon
    CIWPA
    Client Site
    Client With Diminished Capacity
    Columbia
    Columbus Day
    Comment
    Common Law Definition Of Parent
    Communicable Disease
    Commuting Distance
    Companies Hosting Skilled Nonimmigrant Workers
    Compelling Circumstances EAD
    Competence
    Competitive Salary
    Comprehensive Immigratin Reform
    "comprehensive Immigration Reform"
    Comprehensive Immigration Reform
    Comprehensive Immigration Reform + Tyranny Of Priority Dates
    Computer Programmer
    Concurrent Cap Subject And Cap Exempt Employment
    Confidentiality
    Conflicts Of Interest
    Conflicts Of Law
    Congress
    Congressman Darrell Issa
    Congressman Gutierrez
    "Congress On Immigration"
    Congress On Immigration
    Conrad 30
    Conservatives; GOP
    Consolidated Appropriations Act Of 2016
    Conspiracy
    Constitutional Law
    Constitutional Requirement To Be President
    Constitution And The Presidency
    Construction Workers
    Constructive Knowledge
    Consular Absolutism
    Consular Nonreviewability
    Consular Non-reviewability Doctrine
    Consular Officer; Comprehensive Immigration Reform; Grounds Of Exclusion
    "Consular Officers"
    Consular Officers
    Consular Processing
    Consular Report Of Birth Abroad
    Consulting
    Consummation
    Continuous Residence
    Controlled Application Review And Resolution Program
    Controlled Substance
    Controlled Substances
    Corporate Counsel
    Corporations Are Not People
    Corporations Are People
    Court Ruling
    Courts On Immigration Law
    Covered Employer
    Crane V. Napolitano
    Creative Classes
    Credible Testimony
    Crime Against Humanity
    Crime Involving Moral Turpitude
    Crime Rate
    Crimes Against Humanity
    Crimes Involving Moral Turpitude
    Crime Without Punishment
    Criminal Alien
    Criminal Conduct
    Criminalize
    Criminal Liability
    Criminals
    Cross Chargeability
    CSPA
    Cuban Adjustment Act
    Culturally Unique
    Curricular Practical Training
    Customs And Border Protection
    Cutcherry
    Cut Off Dates
    Cyrus Cylinder
    Cyrus Mehta V. Tucker Carlson
    Cyrus Vance
    DACA
    DACA 2012
    DACA Driver's Licenses
    Daca Obama Deferred Action Immigration Reform9e741343b2
    Dan Kowalski
    DAPA
    Data Privacy
    David Foster Wallace
    Dead Us Citizen Petitioners
    Debate Questions
    December 2015 Visa Bulletin
    Declinist
    Deconflction
    Defense Of Marriage Act
    Deference
    Deferred Action
    Deferred Action For Childhood Arrivals
    Deferred Action For Parent Accountability Program
    Deferred Action For Parents
    Definition
    Definition Of Employment
    Delays
    Delta Information Systems V. USCIS
    Democrat
    Democratic Party
    Democrats
    "Democrats On Immigration"
    Democrats On Immigration
    Denial Of Immigration Benefit Application
    De Niz Robles V. Lynch
    "Department Of Homeland Security"
    Department Of Homeland Security
    Department Of Justice
    "Department Of Labor"
    Department Of Labor
    "Department Of State"
    Department Of State
    Depends On Experience
    Deportation
    Deportation President
    Deporter In Chief
    Deporterinchief84df2adda9
    Deporting Us Citizen Child Or Children
    Derivatives
    Detainers
    Deter
    De Tocqueville
    Dhanasar
    DHS
    Dhs New Rule On Hardship
    Dhs Office Of Inspector General
    Dhs Office Of Inspector General Report On Effects Of Adjudication Procedures And Policies On Fraud
    Dick Durbin
    Dickinson V. Zurko
    Dillingham Commission
    Diminished Capacity
    Din V. Kerry
    Director Mayorkas
    Discouraging Future Immigrant Crime Victims
    Discrepancies
    Discretion In Immigration Policy
    Discrimination
    Disney
    Disruption
    Disruption Of Continuity Of Residence
    Distinction
    Diversity Immigrants
    Diversity Visa Lottery
    DOL
    DOL Investigation
    DOL Prevailing Wage Guidance
    Doma
    Donald Trump
    Dream9
    "DREAM Act"
    Dream Act
    Dream Dream Actd977e910f6
    Dreamers
    Drivers License
    Driver's Licenses
    Drones
    Drop The Iword57cb7ffa6e
    Drug Cartels
    Drugs
    D/S
    Dsk
    Dual Citizenship
    Dual Dates
    Dual Intent Rule
    Dual Nationality
    Due Process
    Due Process Violation
    Duration Of Status
    Dusty Feet Court
    Duty Of Confidentiality
    Dv Lottery
    Dzhokhar Tsarnaev
    E-2
    EAD
    Early Adjustment Of Status Application
    Early Voting
    EB-1
    EB-2
    EB-3
    EB-3 India
    EB-3 To EB-2
    EB-5
    Eb-5
    EB-5 China Retrogression
    EB-5 Green Card
    EB-5 Independent Fiduciary
    EB-5 Insurance
    EB-5 Investor Visas
    EB-5 Letter Of Credit
    EB-5 Letters Of Credit
    EB-5 Policy Memorandum
    "EB-5 Program"
    EB-5 Program
    "EB-5 Regional Center"
    EB-5 Regional Center
    EB-5 Regional Centers
    "EB-5 Visa"
    EB-5 Visa
    EB-5 Waiting Line
    EB Backlogs
    Ebola
    Economic Policy Institute
    EDGE
    Edward Snowden
    Edwards V. California
    EEOC V. Arabian American Oil Co.
    Efstathiadis V. Holder
    Egregore
    El Badwari V. USA
    E L Doctorow35aebd6002
    Election 2012
    Elections
    Electronic I-9
    Eligible Immigration Statuses
    El Salvador
    Emma Willard School
    Employability
    Employed At Institution Of Higher Education
    Employee
    Employee Complaint
    Employee's Benefit
    Employer Business Expense
    Employer-Employee Relationship
    Employer-employee Relationship
    Employer-Employee Relationship For H-1B Visas
    Employer Sanctions
    Employment Authorization
    Employment Authorization Document
    Employment Based Document
    Employment-based Fifth Preference EB-5
    Employment-based First Preference EB-1
    Employment Based Immigration
    Employment-based Immigration
    Employment-Based Immigration
    Employment-based Preferences
    Employment-based Second Preference EB-2
    Employment-based Third Preference EB-3
    "Employment-Creation Immigrant Visas"
    Employment-Creation Immigrant Visas
    Employment Eligibility Verification
    Employment Training Administration
    Encourage Global Corporate Activities
    Enforcement
    Enforcement/USICE
    Entrepreneur
    Entrepreneurial Immigrants
    Entrepreneur Parole Rule
    Entrepreneur Pathways
    Entrepreneur Pathways Portal
    Entrepreneurs
    Entrepreneurs In Residence
    Entrepreneurs In Residence Initiative
    Entry Level Position
    Entry Level Wage
    Eoir
    Epithets
    Essential Function
    Esta
    Establishment Clause
    Esther Olavarria
    Eta
    Eta 9035
    ETA 9089
    ETA Form 9089
    Et Al. V. Her Majesty The Queen
    Ethical Considerations
    Ethics
    Ethics For Immigration Lawyers
    Everfyb99de80646
    E-Verify
    Everify Lock5c940d7f14
    E Visa
    E Visas For Entrepreneurs
    "Executive Action"
    Executive Action
    "executive Authority"
    Executive Authority
    Executive Branch
    Executive Office For Immigration Review
    "executive Order"
    Executive Order
    "Executive Orders"
    Executive Orders
    Executive Power
    Exempt Employee
    Exempt Investment Advisers
    Expanded DACA
    Expanded Definition Of Public Charge
    Expedited Removal
    Expert Immigration Attorney On The Case
    Expert Opinion
    Expert Opinions
    Experts
    Expiration
    Extended DACA
    Extension Of Status
    Extraordinary Ability
    Extraordinary Ability Aliens
    Extraordinary Achievement
    Extraterritoriality Of Immigration Law
    Extreme Hardship
    Extreme Vetting
    F
    F-1
    F-1 Visa
    Fair
    Fair Criminal Trial
    Fairness
    Fairness For High Skilled Immigrants Act
    False Stereotyping
    FAM
    Familybased Preferences9c4ff7f5f7
    Family First Preference
    Family Fourth Preference
    Family Immigration
    Family Offices
    Family Second Preference 2A And 2B
    Family Unity
    Fareed Zakaria
    Farm Workers
    Faustian Bargain
    FDNS
    Fdns Site Visit
    FDNS Site Visits
    Federal Immigration Court
    Federal Immigration Unions
    Federal Judge John A. Mendez
    Federal Judge John Mendez
    Federal Judge Mendez
    Federal Law
    Federal Preemption
    Fed. Reg. Vol. 80 No. 251
    Fee Splitting
    Fiance Visa
    Fifth Circuit
    Filibuster
    Filibuster Reform
    Filing Date
    Final Acceptance Date
    Final Action Date
    Final Guidance
    Final High Skilled Worker Rule
    Final Merits Determination
    First Amendment
    Flat Fees
    Flat Organizations
    Fleuti Doctrine
    Flores V. USCIS
    Fogo De Chao V. DHS
    Forced Migration
    Foreign Affairs Manual
    Foreign Chefs
    Foreign Cooks
    Foreign Earned Income Exclusion
    Foreign Employment Law
    Foreign Entrepreneur
    Foreign Language
    Foreign Law
    Foreign Migration Agent
    Foreign National Entrepreneurs
    Foreign Policy
    Foreign Specialty Chefs
    Foreign Specialty Cooks
    Foreign Students
    Foreign Support Personnel
    Foreign Trade
    Form 2555
    Form-i130
    Form I130862b02b70d
    Form I13169350c78aa
    Form I-485
    Form I601a86f76fbc24
    Form I-601A Waiver
    Form I765wsa6c10c7761
    Form-i800
    Form I821d14be16bf36
    Form I-864
    "Form I-9"
    Form I91b22a1589f
    Form I9242eea98cb70
    Form I942333509f53
    Form I94w5e6bfb52b7
    Form I-983
    Form I-983 Training Plan
    Form-i9-compliance
    Form I9 Employmenteligibility Verification7ddbfbc6b4
    Form-n400
    Fourth Amendment
    Fragomen On Immigration
    Fraud
    Fraud Detection And National Security
    Fraud Detection & National Security (FDNS)
    Fred 26 Imports
    Free Trade
    Function Manager
    Fusion
    Future Flows
    Future Immigration
    Future Of Preemption
    Future Position
    Fy14 H1b Visa Capcf6496c9e4
    Fy2014 H1b Filingsae2c14d3f1
    FY 2015
    FY 2018 H-1B Cap
    Gang Of 8
    Gang Of Eight
    Gang Violence
    Gender Bias
    Genocide
    Georgia
    Georgia Legislature
    Georgia Legislature Antiimmigration Legislation Everify8d746ab340
    Georgia Legislature; Immigration; Anti-Immigration Legislation; Immigration Reform
    Georgia Legistlature
    Georgia Restaurants
    Gideon V Wainwrightba979e7bac
    Giovanni Peri
    Gladysz V. Donovan
    Global Cities
    Global Detroit
    Global Entrepreneur In Residence
    Globalization
    Global Michigan
    Global Mobility
    Global Sourcing
    Global Trade
    Godot
    Golick
    Gonzales-Marquez V. Holder
    Good Faith
    Good Moral Character
    Good Old Days
    GOP
    "GOP On Immigration"
    Gop On Immigration
    Government Data Collection
    Government Employee Discipline
    Governor Brewer
    Grassley-Durbin Bill
    Greencard
    Green Card
    Green Card Lottery
    Green Cards
    Green Card Stories
    Grounds Of Inadmissibility
    Growing Up
    Guest Columns
    Guest Workers
    H-1B
    H-1b
    H-1B1 Visas
    H1b And L1 Visa Provisions984af42aac
    H-1B Auction
    H-1B Cap
    H-1B Cap Exempt Employer
    H-1B Cap Exemption
    H1b Cap H1b Visas Increased Visa Numbers1210555f7b
    H-1B Denial
    H-1B Denials
    H-1B Dependent Employer
    H-1B Entrerpreneur
    H-1B Extensions
    H-1B FY 2018 Cap
    H1b H1b Fraud Grassley Foia Training Memo Fdns Vibe Csce504cf6c27
    H-1B Lottery
    H-1B Lottery Illegal
    H-1B Portability
    H-1B Premium Processing
    H-1B Reform
    H1b Skilled Worker Dependent Employer7361d653a8
    H-1B Spouse
    H-1B Visa
    H-1B Visa Cap
    H-1B Visa Denials
    H-1B Visa Extension By Spouse
    H-1B Visa For Entrepreneurs
    "H-1B Visas"
    H-1B Visas
    H1b Visasfb0ea78c4c
    H1b Visas For Entrepreneurs And Owners3399e25691
    H-1B Wage
    H-1B Worksite
    H2b Visas79f843cb2c
    H-4
    H-4 And Work Authorization
    H56
    Hack
    Hague-adoption-convention
    Haiti
    Halt Act
    Hamilton Project
    Hana V Gonzales75adc25254
    Happy-lawyers
    Happy New Year
    Hardship Waivers
    Harry Reid
    Haruki Murakami
    Hateful Rhetoric Against Immigrants
    Hate Speech
    Hb 87
    HCL America
    Head Of State
    Healthamerica
    Helen Chavez
    Herman Cain
    Higher Wages
    High Skilled Worker Rule
    Hillary Clinton
    Hinojosa V. Horn
    Hispanic Immigrants
    Historic Exercise Of Discretion
    "homeland Security"
    Homeland Security
    Home Office
    Homosexual
    Honduras
    Hot Questions
    House Gop
    House On Immigration Reform
    Hr 3012
    Hr 3012c279c52631
    HR 4038
    Hr 4970
    Humane-treatment
    Humanitarian Parole
    Humetis
    Hurricane Sandy
    Hybrid
    I130-petition
    I130 Petition2b14f0b880
    I-140 EAD Rule
    I-140 Petition
    I-485 Supplement J
    I5268d5986011e
    I-539
    I601a46afd40326
    I601 Waiversa737e3d6da
    I-9
    I9-compliance
    I9 Compliance725c781af2
    I9 Compliance Checklist3909ef569e
    I9-errors
    I9-fines
    I9 Paperwork Violations24d1cb2cb9
    Ibrahim El- Salahi
    ICE
    ICE Arrests
    ICE Detainers
    ICE Notice Of Inspection
    ICE Notice Of Suspect Documents
    Ice Union
    Identity Theft
    IIRIRA
    Illegal
    Illegal Alien
    Illegal Aliens
    Illegal Conduct
    Illegal Immigrant
    Illegal Immigration
    Illegal Immigration; Immigration Reform; ESTA; Visas
    Illegals
    Immi Awards
    Immigrant
    Immigrant Achievement
    Immigrant Detention
    Immigrant Investor
    Immigrant Investor Program
    "Immigrant Investors"
    Immigrant Investors
    Immigrant Investor Visa
    Immigrant Rape Victims
    Immigrant Rights
    Immigrants
    Immigrant Visas
    Immigrant Worker Protection Act
    Immigration
    Immigration Abandonment
    Immigration Accountability
    Immigration Accountability Executive Actions
    Immigration Act Of 1990
    Immigration Adjudications
    Immigration Agencies
    Immigration Agency
    Immigration Agency Expertise
    Immigration-and-demography
    Immigration And Identity Theft
    Immigration And Nationality Act
    Immigration And Privacy
    Immigration And Terrorism
    Immigration And The Arts
    IMMIGRATION ATTORNEY
    Immigration Attorneys
    Immigration Auction
    Immigration Awards
    Immigration Benefits
    Immigration Bureaucracy
    Immigration Bureaucrats
    Immigration Cases
    Immigration Chain Of Command
    Immigration-compliance
    Immigration Court Backlog
    Immigration Courts
    Immigration Data Collection
    Immigration Decentralization
    Immigration Devolution
    Immigration Discretion
    Immigration Discrimination
    Immigration Enforcement
    Immigration Entrepreneurship
    Immigration Fantasies
    Immigration Forgiveness
    Immigration Forms
    Immigration Gamesmanship
    Immigration Gender Bias
    Immigration Inconsistency
    Immigration In Film
    Immigration Innovation Act Of 2015
    Immigration Inspections
    Immigration Inspectors
    Immigration Instructions
    Immigration Insubordination
    Immigration Interviews
    Immigration Intrigue
    Immigration Judges
    Immigration Judge Tabaddor
    Immigration Justice
    Immigration Justice System
    Immigration Language
    Immigration Law
    Immigration Law Absurdity
    Immigration Law Careers
    "Immigration Law Complexity"
    Immigration Law Complexity
    Immigration Law Extraterritoriality
    Immigration Law Humor
    Immigration Law Practice
    IMMIGRATION LAWYER
    Immigration Lawyer Atlanta Immigration Lawyer Immigration Reform Belief Believing704942b6fd
    Immigration Lawyers
    Immigration Legal Representation
    Immigration Legal Services
    Immigration Legal Services Delivery
    Immigration Lessons
    Immigration Memes
    Immigration Officers
    Immigration Officials
    Immigration On Tv
    Immigration Policies
    Immigration Policy
    Immigration Politics
    Immigration Portfolio Management
    Immigration Power
    Immigration Practice
    Immigration Profiling
    Immigration Protectionism
    Immigration Quotas
    "immigration Reform"
    Immigration Reform
    Immigration Reform Act Services
    Immigration Regulations
    Immigration Reporters
    Immigration Reporting
    Immigration Simplicity
    Immigration Status
    Immigration Terminology
    Immigration Themes
    Immigration Transition Team
    Immigration Transparency
    Immigration Truths
    Immigration Untruths
    Immigration Writing
    "Immigration Year In Review"
    Immigration Year In Review
    Immis
    Imperfect Immigration Past
    Impermissible Fee Splitting
    Improper Payments
    Imputed Intent
    INA 203(d)
    INA 203(h)(3)
    INA 204(j)
    INA 208(a)(2)(A)
    INA 212(f)
    INA 214(i)(1)
    INA 217(b)(12)
    INA § 240(b)(4)(B)
    INA 244(f)(4)
    INA 245(a)
    INA 245(k)
    INA 274(a)(1)(A)(iv)
    INA 274A(h)(3)
    INA § 274B
    INA 275
    INA § 301(g)
    Inadmissibility
    Ina Section 101a350fbc5520b3
    Ina Section 203d40da1fbde2
    Ina Section 204l15b30a9fb6
    INA Section 212(a)(2)(G)
    INA Section 301(g)
    INA Section 322
    Inc.
    Inclusive Speech
    INc. V. DHS
    Inc. V. USCIS
    Independent Contractor
    Independent Fiduciary
    India
    India And China
    India Inc.
    India IT
    Indian Citizens
    Indian IT Firms Or Companies
    Indian Prime Minister
    Indian Supreme Court
    Individualized Determinations
    Individual Shared Responsibility Provision
    Indonesian Christians
    Indophobia
    Ineffective-assistance-of-counsel
    Infected
    Infosys
    Infosys Immigration Settlement
    Infosys Settlement
    Infosys Visa Rules
    Inherent Skill
    Inhouse Counsel51701e4a40
    Innovation
    Insightful Immigration Blog
    Intending Immigrant
    Interior Immigration Enforcement
    International Criminal Court
    International Entrepreneur Parole
    International Entrepreneurs
    International Union Of Bricklayers And Allied Craftsmen V. Meese
    Internet Marriages
    Internment
    Interview
    Intracompany Transferee Visas
    Investigations
    Investment
    Investors
    Investor Visa
    Iran
    Iraq
    Iraqis
    Irca
    IRS
    Irs Form 2555
    Irs Publication 519
    I-Squared Act
    Italian Immigrants
    IT Consulting
    It Consulting Companies
    IWPA
    J1 Waiver3fd1477d5d
    J1 Waivers6f3dd388e8
    Jaen V. Sessions
    James McHenry
    Jan Brewer
    J And M Nonimmigrants
    Janet Napolitano
    Japanese American Internment
    Jared Kushner
    Javier Becerra
    Jeff Sessions
    Job Advertisements
    Job Creation
    Job Flexibility
    Job Portability
    Job Shops
    Joe Arpaio
    John A. Mendez
    John Doe Et Al. V. Canada
    John Mccain
    John Roberts
    Johnson V. United States
    John Yoo
    Joint-representation
    Jordan V. DeGeorge
    Jose Ines Garcia Zarate
    Josh Mckoon
    Journalism And Immigration
    Judge Hanen
    Judicial Deference
    Judicial Review
    Julia Preston
    July 1
    July 2007 Visa Bulletin
    Jus Soli
    Justice
    Justice Brandeis
    Justice Department
    Justice For Immigrants
    Justice Sotomayor Dissenting Opinion
    K-1 Visa
    K3 Visa37acf4a9cf
    Kansas
    Kate Steinle
    Kauffman Foundation
    Kazarian
    Kazarian V. USCIS
    Kellogg Language
    Kellogg Magic Language
    Kenneth Palinkas
    Kerry V. Din
    Khaled V Holder982a962865
    King V. Burwell
    Kleindienst V. Mandel
    Known Or Suspected Terrorist
    Know Nothing
    Kobach
    Korematsu V. United States
    Kovacs-v-united-states
    Kris Kobach
    Kris Koback
    Kst
    Kurupati V. USCIS
    L-1
    L-1A
    L-1A Visa
    L1a Visas537fc94d3f
    L-1B
    "L-1B Visa"
    L-1B Visa
    L1b Visaffc1d0a913
    "L-1B Visas"
    L1b Visas705e041a79
    L-1 Visa
    L1 Visa8e59dfe5b4
    L-1 Visa For Entrepreneurs
    L1-visa-intracompany-transferee-visa-intracompany-transfer-l1a
    L1 Visas291f967a4b
    Laboratories Of Democracy
    Labor Certification
    Labor Certification And Balca
    Labor Condition Application
    Labor Condition Applications
    "Labor Department"
    Labor Department
    Labor Market Testing
    Labor Shortages
    Labor Unions
    Lack Of Experience
    Lamar Smith
    Lameduck Congress2bd365b0dc
    Laos
    Lateef V Holder04525394c8
    Latino
    Law
    Lawfully Present
    Lawful Permanent Resident
    Lawful Permanent Resident Status
    Lawful Rejection
    Lawrence Fuchs
    Lawrence H Fuchs8538bb8495
    Lawsuit Against Daca
    Lawsuit Against Immigration Executive Actions
    Lawyers
    Lawyers Arguing
    Lawyers Debating
    Lawyer-suicide
    Layoffs
    LCA
    LCA Audit
    LCA/Labor Condition Application
    Leave Of Absence
    Ledbetter V. Goodyear Tire
    Legal Analysis
    Legal Ethics
    Legal Immigration
    Legalization
    Legal Limbo
    Legalnet
    Legal-status
    Legislative Updates
    Leon Rodriguez
    Less Flexibility
    Level 1 Or Entry Level Wage
    Level 1 Wage
    Level 1 Wages
    Lexmark Int’l Inc. V. Static Control Components Inc.
    Lexmark Int’l V. Static Control Components
    Lgbt
    Liberty
    Libya
    License
    Limited Representation
    Lindsey Graham
    List All Requirements
    Litigation
    Li V Renaudd8a40b72af
    Loan Model
    Loretta Lynch
    Loss Of Revenue
    Low Income Non-citizens
    Low Priority And Discretion
    Low Priority For Removal
    Lpr
    Lugo V. Holder
    Luis Gutierrez
    Lujan V. Defenders Of Wildlife
    Luna Torres V. Holder
    L Visa
    M274f95947aeb8
    Mad Men
    Maintenance Of Status
    Managerial Capacity
    Managerial Duties
    Mandamus Actions
    Mantena V. Johnson
    March 4
    Marco Rubio
    Maria Popova
    Marijuana Activities
    Mario Diazbalarta47ad78f9c
    Mario Rubio
    Marketbased Immigration Reformsac2c6c563f
    Marketing Fee
    Martinez-de Ryan V. Sessions
    Mary Yahya
    Massachusetts
    Master
    Matter New York State Department Of Transportation
    Matter Of AB
    Matter Of A-B
    Matter Of Acosta
    Matter Of Alyazji
    Matter Of ARCG
    Matter Of Arrabally And Yerrabelly
    Matter Of Avetisyan
    Matter Of B-C- Inc.
    Matter Of Cantu
    Matter Of Castro-Tum
    Matter Of Cognizant Technology Solutions
    Matter Of Credit Suisse Securities
    Matter Of Douglas
    Matter Of Ecosecurities
    Matter Of Emma Willard School
    Matter Of E.W. Rodriguez
    Matter Of Fpr515c6b2578
    Matter Of G- Inc.
    Matter Of G-J-S-USA Inc.
    Matter Of Hashmi
    Matter Of Hira
    Matter Of Horizon Computer Services
    Matter Of Izummi
    Matter Of J-R-R-A-
    Matter Of Karl Storz Endoscopyamerica6e946ac639
    Matter Of Koljenovic
    Matter Of L-A-B-R-
    Matter Of Lovo
    Matter Of M-A-M-
    Matter Of Marcal Neto
    Matter Of MEVG
    Matter Of Mississippi Phosphate
    Matter Of O. Vasquez
    Matter Of O Vazquez0fffb5957e
    Matter Of Rajah
    Matter Of Siemens Water Technologies Corp
    Matter Of Silva-Trevino
    Matter Of Simeio Solutions
    Matter Of Simelo Solutions
    Matter Of Skirball
    Matter Of Skirball Cultural Center
    Matter Of Symantec Corporation
    Matter Of The Clariden School
    Matter Of V-S-G- Inc.
    Matter Of WGR
    Matter Of Z-A-
    Matter Of Zamora
    Matter Of Zeleniak
    Matt Ramsey
    Mccain
    Medicaid
    Mehta Declaration
    Mehta V. DOL
    Meissner Memo
    Melania Trump
    Melissa Harrisperrye735025247
    Meme
    Memorandum Of Understanding
    Mental Competency
    Meritorious Claims
    Meritsbased Systemdcb9af44f1
    Mexico
    Michelle Malkin
    Michigan
    Micron Technologies
    Middle Vendor Arrangements And H-1B Visa
    Migrant Manifesto
    Military Families
    Military Service
    Minimum Requirements
    Misclassification
    Misinform
    Misprision-of-felony
    Miss Minnesota
    Mistakes By DSO
    Mitch Mcconnell
    Mitt Romney
    Modular Container Systems
    Moin V Ashcroft3374c3ffaa
    MOMA
    Moncrieffe V Holder2a74c71b8b
    Montana Campaign Finance Law
    #MoreThanALabel
    Morton June 17 Memo
    Morton Memo
    Morton Memo On Discretion
    Motion For Continuance
    Motion For Reconsideration
    Motions For Continuance
    Mou
    Msnbc
    Museum Of Modern Art
    Muslim Ban
    Muslim Travel Ban
    NAFTA
    Narendra Modi
    Narratives
    National Citizenship And Immigration Services Council
    National Day Of Action
    National Id Card
    National Immigration And Customs Enforcement Council
    National Interest Waiver
    National Interest Waivers For Entrepreneurs
    National Interest Wavier
    National Origin
    National Security
    National Security Concern
    Nation Of Immigrators Awards
    Nativism
    Nativist
    Naturalization
    Negotiable
    Neufeld Memo
    New I9268baceca5
    New International Legal Norm
    New Office L19f5f4f35f9
    New Rule Of Professional Conduct 7.2(b)
    Newspaper Of General Circulation
    News & Politics
    New State Ice Co V. Liebmann
    New Travel Ban Executive Order
    New York Constitutional Convention
    New York Daily News Op Ed
    New York State Bar Ethics Opinion 1116
    New York State Bar Opinion 1132
    New York Times
    Next Generation Tech Inc. V. Johnson
    Nexus Requirement
    Nfl
    Nguyen V. Holder
    Nicaragua
    Nicholas Colucci
    Ninth Circuit
    NIV
    NIW
    NOI
    NOIR
    Non-citizens
    Non-compete
    Non-existent USCIS Entrepreneurs Pathway Portal
    Nonfrivolous Application
    Nonimmigrant
    Nonimmigrant Visas
    Nonimmigrant Visa Status
    Non-justiciable
    Nonknown Or Suspected Terroristd52dcd7966
    Nonkst248c8faee5
    Nonprofit Affiliated Or Related To University
    Nonprofits And H-1B Cap
    Non-refoulement
    Non-work Activities
    Nostalgia
    Not Counting Derivative Family Members
    Not Counting Family Members
    Notice Of Intent To Revoke
    Notice Of Suspect Documents
    Notice To Appear
    November 2014 Midterm Elections
    NSD
    NSEERS
    NTA Policy
    Numbersusa
    NYSDOT
    O-1
    O-1 Visa
    Oath Of Allegiance
    Obama
    "Obama Administration"
    Obama Administration
    Obama Amensty Immigration Deferred Action81e6468f69
    Obama August 18 Announcement
    Obamacare
    Occupational Outlook Handbook
    Occupy Wall Street
    Ocrcl
    October 2012 Visa Bulletin
    October 2015 Visa Bulletin
    Offered Wage
    Office Of Civil Rights And Civil Liberties
    Office Of Foreign Labor Certification
    Office Of Inspector General
    Office Of Special Counsel
    Office Of Special Counsel For Unfair Immigration-Related Employment Practices
    Oig Report
    Olivia Sanson
    Omission
    One Labor Certification
    Opposition To Corruption
    OPT
    Optional Practical Training
    OPT Optional Practical Training
    Opt Out
    Opt Practical Training
    Osama Bin Laden
    Osc
    Oscar De La Hoya
    Osorio V Mayorkas806a9e9fb4
    Outrage
    Outsourcing
    Overqualification
    Overt Act
    O Visas
    O Visas For Entrepreneurs
    Ownership And Control
    P3 Visa72357cd170
    Padilla V Kentucky200410eaa5
    Paperwork Reduction Act
    Parole
    Parole For International Entrepreneurs
    Parole In Place
    Paroleinplace3a3ddef22b
    Particular Social Group
    Parviz Tanavoli
    Pat Buchanan
    Path To Citizenship
    Paul Ryan
    Peggy Noonan
    Penalties
    PERM
    Permanent Residency Options
    Perm-audit-triggers
    Perm-faqs-round-10
    PERM Labor Certification
    Person Of Extraordinary Ability
    Persons Of Extraordinary Ability
    Phantom Visa Status
    Physical Presence In A Foreign Country
    Piepowder Court
    Piers Morgan
    Pinochet
    Plain Language
    Plain Language Of Regulation Regarding Compelling Circumstances
    Plenary Power
    Plyler V. Doe
    Points System
    Policy
    Political Correctness
    Political Opinion
    Pope Francis
    Port
    Portability
    Portfolio Management
    Porting
    Porting Off Unadjudicated I-140
    Post Graduate Diploma
    Potential Court Challenge To Unlawful Presence Memo
    Potted Plants
    Preemption
    Premium Processing
    Premption
    Preponderance Of The Evidence
    Preponderence Of Evidence Standard
    President
    Presidential Debates
    Presidential Elections
    Presidentil Proclomoation 9645
    President Obama
    President Obama Executive Actions
    President Trump
    President Tump
    Presumption Of Fraud Or Misrepresentation
    Prevailing Wage Determination
    Prevailing Wage Determination Validity Period
    Primary And Alternate Requirements
    Printz V. United States
    Priority Date
    Priority Date Retrogression
    Priority Dates
    Private Employment Firms
    Pro Bono
    Pro-bono-legal-services
    Processing Times
    Procurement
    Prodsecutorial Discretion
    Prodsecutorial Discretion Morton Memo James Madison6c95a0548c
    Professional-responsibility
    Proper Signature
    Proposed Rule
    Prosecution For Illegal Entry
    Prosecutorial Discretion
    Protect And Grow American Jobs Act
    Protectionism
    Protests
    Provisional Waiver
    Provisional Waiver Of 3 And 10 Year Bars
    Proxy Marriage
    Public Charge
    Public Health Significance
    Public Service
    Puleo Memorandum
    Puppets
    P Visas
    Qiaowai
    Qualified Candidates
    Qualified Worker
    Quota
    Racial Profiling
    Racism
    Ragbir V. Homan
    Ragbir V. Sessions
    RAISE Act
    Ramirez V. Brown
    Ramirez V. Reich
    Rand Paul
    Range Of Experience
    Raud Detection And National Security
    Raul Hinjosaojedab7c338ba6c
    Ravi Ragbir
    Real Id Act
    Record Deportations
    Recruitment
    Recruitment Report
    Recusal
    Redcarpet Immigrationecf057f251
    Reentry Permit
    Reflecting On September 11
    Refoulement
    Refugee
    Refugee Convention
    Refugees
    Regional Center
    Regional-centers
    Regulations
    Regulatory Flexibility Act
    Regulatory Reform
    Reinterpretation
    Reinterpretation Of INA
    Religion
    Religious Freedom
    Religious Freedom Ground Of Inadmissibility
    Religious Workers
    Relinquish Us Citizenship25cc75ef5e
    Removal Orders And Work Authorization
    Removal Proceeding
    Removal Proceedings
    Render Unto Caesar
    Republican
    Republican Party
    Republicans
    Republicans On Immigration
    Requests For Additional Evidence
    Requests For Evidence
    Required Wage
    Rescission Of Deference Policy
    Residential Fiance Corp V. USCIS
    Resident Vs. Non-Resident Alien
    Restaurant Immigration
    Restrictive Covenant
    Resume Review
    Retention Of Priority Date
    Retroactive Application Of Agency Decision
    Retrogression
    Return Transportation Cost Or Payment
    Retweets
    Reverse Migration
    Revocation
    Revocation Of I130 Petition29e2465d50
    Reza Derakshani
    Rfe
    Rfes
    Rights Of Defendants
    Right To Counsel In Removal Proceedings
    Right To Protect
    Risking Lives
    Rnc Immigration Resolution
    Robert Bosch
    Robert Delahunty
    Robert Zimmerman
    Rod Serling
    Role Of Lawyers
    Romney
    Rosenberg V. Fleuti
    Roving Employee
    Roxana Bacon
    Ruben Navarette
    Rule 1648282cc144
    Rule 3369c1f5dca4
    Rulemaking
    Rule Of Law
    Rules
    Ruqiang Yu V Holder112d7eccb6
    Rusk V. Cort
    Russia
    Rust Belt
    Rust Belt Economies
    S 744388557e228
    Safe Third Country Agreement
    Salary
    Salas-v-sierra-chemical-co
    Same-or-similar
    Same Sex
    Same Sex Marriage
    Samesex Marriagea1a4c1687a
    Same Sex Relationships
    San-berardino-attacks
    Sanctuary
    Sanctuary Cities
    Sanders
    San Francisco
    San Francisco V. Trump
    Saturday Night Live
    Sayfullo Saipov
    Sb 1070
    Sb 170
    Sb 458
    SB 54
    Sb6
    SB 785
    Scales V. INS
    Scialabba-v-cuellar-de-osorio
    Scope Of Representation
    Scotus
    Second Amendment
    Second Circuit
    Second Class Citizenship
    Section-245i
    Section 377 Indian Penal Code
    Section-911
    Section-k
    Security Council
    Self Employment
    Self Referral
    Sen Al Franken8d17f34572
    Senate Bill 54
    Senate-homeland-security-and-governmental-affairs-committee
    Senate Immigration Reform Proposal
    Senate Judiciary Committee
    Senator Grassley
    Senator Hatch Legal Immigration Reform07d2d1ba79
    Senator Mccain
    Senator Rubio
    Senator Schumer
    Sen-coburn
    Sen Cornynb4913b20f7
    Sen Mccain70a20820e6
    Sen Reidd251095d63
    Sen Schumered4af5bde9
    Sen-tom-coburn
    Separating Children From Parents
    Separation Of Children
    Separation Of Powers
    September 11
    Sergio Garcia
    Sessions V. Dimaya
    Settlement Agreement
    SEVP
    Shabaj V Holdercba68a701d
    Shameful Adults
    Shortage Occupations
    Short-term Placement
    Show Me Your Papers
    Shyima Hall
    Siblings
    Simeio
    Simon Winchestor
    Singapore
    Singh V Reno628d251f29
    Site Visit
    Skidmore Deference
    Skilled Immigrants
    Skilled Legal Immigrants
    Skilled Workers
    Skype
    Slavery
    Smartzip
    Soccer
    Social Distinction
    Social Media
    Social Security Administration Ssa No Match Letterf1d55fcc30
    Sole-representation
    Solis-Espinoza V. Gonzales
    Somalia
    Sophie Cruz
    Sought To Acquire
    Sought To Acquire Lawful Permanent Residency
    Southern Border Enforcement
    Special Counsel
    Special Enrollment Period
    Special Immigrants
    "Specialized Knowledge"
    Specialized Knowledge
    Specialty Occupation
    Specialty Occupations
    Spouse Of H1b153354d1c2
    Staffing Companies
    Stakeholders
    Stalin
    Standard Occupational Classification
    Standing
    Startup
    Startup Visa
    Startup Visa31494d637e
    State Bar Of California
    "State Department"
    State Department
    State Department Advisory Opinion
    State Department Visa Bulletin
    State Enforcement Of Immigration Laws
    State Immigration Law
    State Immigration Laws
    State Law
    State Legislation
    State Rights V. Federal Preemption
    States
    States Refusal
    States Rights
    Status
    Status Violations
    STEM
    STEM 24-month OPT Extension
    Stem Green Card
    Stem Immigration
    Stem Jobs Act
    STEM OPT
    STEM OPT Employer Attestations
    STEM OPT Extension
    Step By Step Day Care LLC
    Stephen Miller
    Steve King
    St. Louis Ship
    Stories
    Storytelling
    Strauss Kahn
    Strausskahn00f7a82137
    Strausskahn0c784e0777
    Strickland-test
    Students And Scholars
    Stylebook
    Subcommittee On Immigration Policy And Enforcement
    Subhan V. Ashcroft
    Substantial Presence Test
    Success Stories
    Sudan
    Summary Removal
    Sunday Ads
    Super Fee
    Supervised Recruitment
    Supporting US High Skilled Business And Workers
    Supremacy Clause
    Supreme Court
    Supreme Court Of The United States
    Suresh Kumar Koushal V Naz Foundation0c35ab381e
    Surrogate Arrangements
    Surviving Spouse Immigration Benefits
    Suspension Of Premium Processing
    Suspension Of Prevailing Wage Determination
    Swde
    Syria
    Syrian Refugees
    Tabaddor V. Holder
    Take Care Clause
    Tamerlan Tsarnaev
    Tani Cantil-Sakauye
    Tapis International V. INS
    Taxes
    Tax Return
    Tax Treaty
    Teaching
    Techorbits
    Ted Cruz
    Ted Cruzs Canadian Citizenship97b85977cd
    Ted J Chiapparid1be1c2015
    Tek Services
    Telecommuting
    Temporary Labor Certification
    Temporary Nonimmigrant Waiver
    Temporary Protected Status
    Temporary Waiver
    Tenrec
    Tenrec Inc. V. USCIS
    Tenyear Bare5cfe49a0e
    Terminatiion
    Termination Of TPS
    Terrorism
    Tesla Motors
    Texas Anti-Sanctuary Law SB 4
    Texas V. United States
    Texas V. USA
    Thanksgiving Turkey
    That Was The Week That Was
    The Iword925fa53b25
    The Philippines
    The Snake
    The Tyranny Of Priority Dates
    Third Circuit
    Third Party
    Third-Party Arrangements
    Third Party Client
    Third Party Client Site
    Thomas Jefferson
    Threeyear Barca4ce1adbf
    Three Year Indian Degree
    Three Year Old
    Thrust Upon Conflicts
    Time
    Tina Turner
    TN Visas
    Tolling
    Tom Lehrer
    Top 10 Most Viewed Posts
    Torture
    Totality Of Circumstances Test
    TPP
    TPS
    Trade In Services
    Trade Policy
    Trade With India
    Trafficking
    Trafficking; VAWA
    Trafficking Victims Protection Reauthorization Act
    Training Plan
    Training Plans
    Transparency
    Travel
    Travel Authorization
    Travel Ban
    Travel Ban Executive Order
    Travel Ban Waivers
    Trayvon Martin
    Tribunal
    Truax V. Raich
    Trump
    Trump Immigration Policies
    Trump V. Hawaii
    Tseung Chu V. Cornell
    Turner V Rogerse0e2213e28
    TVRPA
    Tweets
    Twitter
    Two Priority Dates
    Tyranny Of Priority Dates
    "U"
    Unaccompanied Children
    Unaccompanied Minor
    Unaccompanied Minors
    Unauthorized Employment
    Unauthorized Immigrants
    Uncategorized
    Uncommon H-1B Occupations
    Unconstitutional
    Undamental Fairness
    Undocumented
    Undocumented Immigrant
    Undocumented Immigrants
    Undocumented Lawyer
    Undocumented Student
    Undocumented Workers
    Unhappy-lawyers
    United States Citizenship And Immigration Services
    United States Trade
    United States V. Bean
    United States V. Texas
    United States V Windsord2b852bf02
    United States V. Wong Kim Ark
    University Of Miami Law School
    Unlawfully Present
    Unlawful Presence
    U Nonimmigrant Visa
    Unsuccessful Prosecution
    USA V. California
    USA V. Olivar
    USA V. Texas
    US-Canada Border
    Us Chamber Of Commercea7b71cf5ba
    USCIS
    USCIS California Service Center
    USCIS Deference Policy
    USCIS Director
    USCIS Director Francis Cissna
    Uscis Economists
    USCIS Guidance
    Uscis Immigration Attorney Attorney At Immigration Interview Frauda4f5dad76b
    USCIS Listening Session
    "USCIS Ombudsman"
    Uscis Ombudsman
    "USCIS Policy Memorandum"
    Uscis Policy Memorandum
    U.S. Citizen Parent
    U.S. Citizenship
    Us Constitution
    Us Consulate
    Us Consulate081a8a95d6
    Us Consulates64f4af575b
    Us Customs And Border Protectione83df9ce06
    U S Immigration And Customs Enforcementca915606c7
    U.S. Immigration & Customs Enforcement
    Us Immigration Policy18cc81545d
    Us Tax Guide For Aliens
    Us V Arizonaa89601cba1
    U.S. V. California
    US Worker
    US Workers
    Us Workersbab035371d
    Utah
    U Visa
    U Visa Category
    U Visa Eligibility
    U Visa Status
    "U" Visa; U Visa
    Vartelas V Holdera1ea23ce84
    Vawa
    Velasquez-Garcia V.Holder
    Velasquez-Garcia V. Holder
    Vendor Management
    Vendor Relations
    Vera
    Vera V Attorney Generalaf3a90412f
    Vermont Service Center
    Viability
    Viability Of Fleuti
    Victims Of Abuse
    Victims Of Crime
    Victims Of Domestic Abuse Or Sex Crimes
    Victims Of Domestic Violence
    Villas At Parkside Partners V. Farmers Branch
    Vinayagam V. Cronous Solutions
    Violation Of Status
    Violence Against Women Act
    Vip Immigration
    Visa Application
    Visa Availability
    Visa Ban
    Visa Bulletin
    Visa Denials
    Visagate2015
    Visa Modernization
    Visa Revocation
    Visas
    Visa Voidance
    Visa Voidance 3year Bara99b8dc197
    Visa Waiver Admission
    Visa Waiver Program
    Vivek Wadhwa
    Vladimir Putin
    Void For Vagueness
    Voting
    Vwp
    Waiting In The Immigration Line
    Waiting Line
    Waiting List
    Waiver
    Waiver Of 10 Year Bar
    Waiver Of Inadmissibility
    Waivers
    Wall
    Washington Alliance Of Technology Workers
    Washington Alliance Of Technology Workers V. DHS
    Washington V. Trump
    WashTec
    Wealthy Travelers
    White House
    Work Authorization
    Work Permits
    Worksite
    Workspace
    Work Visas
    Worst Of The Worst
    Xenophobia
    Yemen
    Yerrabelly
    Youngstown Sheet & Tube Co. V. Sawyer
    Youseff V Renaud
    Youth
    Zombie Precedents
    Zone Of Interest
    Zone Of Interests

Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from Mrs Logic