Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration

Maria del Carmen Ramos
Maria del Carmen Ramos

In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of the President’s Executive Actions was likely to succeed at trial. See State of Texas v. U.S., No. 15-40238 (5th Cir. Nov. 9 2015). Continue reading “Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration”

Knock, Knock: Who’s there?

Maria del Carmen Ramos
Maria del Carmen Ramos

Due to a contempt hearing scheduled for August 19, 2015 in the case of the State of Texas v. United States, U.S. Citizenship and Immigration Services (USCIS) is taking radical measures to recover all three-year Employment Authorization Document (EAD) cards issued prematurely under President Obama’s November 20 executive actions to over 2,500 Deferred Action for Childhood Arrival (DACA) recipients. Continue reading “Knock, Knock: Who’s there?”

Executive Action Update: 3 Year EADs Issued After 2/16/15 Injunction Must Be Returned

Maria del Carmen Ramos
Maria del Carmen Ramos

It is no surprise that the implementation of this administration’s executive actions has run into a series of political and legal snags.  But what is surprising is the administration’s response or overall handling of the matter. Continue reading “Executive Action Update: 3 Year EADs Issued After 2/16/15 Injunction Must Be Returned”

Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward

Maria del Carmen Ramos
Maria del Carmen Ramos

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615. Continue reading “Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward”

2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction

Maria del Carmen Ramos
Maria del Carmen Ramos

In a Thursday midnight filing, the U.S. Department of Justice (DOJ) lawyers disclosed that the Department of Homeland Security (DHS) issued about 2,000 three-year work permits (as opposed to the currently authorized two-year permits) to illegal immigrants granted Deferred Action for Childhood Arrivals (DACA). Technically, the issuance of the three-year work permits — an aspect of President Obama’s November 20 executive actions which expanded DACA — was in violation of U.S. District Judge Andrew Hanen’s February 16 injunction issued in the case of State of Texas v. United States. Continue reading “2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction”

Premium Processing Update for Selected H-1B Petitions

Maria del Carmen Ramos
Maria del Carmen Ramos

United States Citizenship & Immigration Services (USCIS) announced that it will begin premium processing H-1B petitions selected during its April 13, 2015 lottery by no later than April 27, 2015.

Continue reading “Premium Processing Update for Selected H-1B Petitions”

Alert: USCIS Conducts Random H-1B Lottery for FY 2016

Maria del Carmen Ramos
Maria del Carmen Ramos

Today, after receiving nearly 233,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) to select the H-1B petitions that it will adjudicate for the 65,000 general-cap and 20,000 master’s cap visas available for FY 2016. Continue reading “Alert: USCIS Conducts Random H-1B Lottery for FY 2016”

Multiple Legal Briefs Defending The President’s Executive Actions Filed

Maria del Carmen Ramos
Maria del Carmen Ramos

On Monday, multiple amicus briefs were filed with the Fifth Circuit Court of Appeals in the case of State of Texas v. United States.  As way of background, a coalition of 26 states, including the State of Texas, sued the U.S. government to prevent the implementation of the President’s Executive Actions on Immigration on the grounds that the executive actions are unconstitutional and would require the states to invest more in law enforcement, health care, and education. Continue reading “Multiple Legal Briefs Defending The President’s Executive Actions Filed”

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Maria del Carmen Ramos
Maria del Carmen Ramos

Yesterday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions. Continue reading “Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17”

The President’s Executive Actions on Immigration Are Further Delayed

Maria del Carmen Ramos
Maria del Carmen Ramos

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by a coalition of 26 states.  Contending that this matter was an emergency, the DOJ also requested that the Fifth Circuit require the coalition of states to respond within a week of the DOJ’s filing. Continue reading “The President’s Executive Actions on Immigration Are Further Delayed”