Rescission of H-4 EADs is Imminent

Maria del Carmen Ramos

Over the last few months, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have unabashedly and repeatedly stated that is the current administration’s intent to rescind employment authorization for H-4 visa status holders. Continue reading “Rescission of H-4 EADs is Imminent”

Clarifying Muddied Waters: Making Sense of President Trump’s January 27 Executive Order

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Maria del Carmen Ramos

The Immigration Bulletin was created to help our clients adapt to constantly evolving immigration laws, regulations, and policies. To do so, we strive to provide clients access to the latest information. Continue reading “Clarifying Muddied Waters: Making Sense of President Trump’s January 27 Executive Order”

OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process

Maria del Carmen Ramos
Maria del Carmen Ramos

Generally, employers face a difficult balancing act when attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. Continue reading “OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process”

Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Takes Effect on August 1, 2016

Maria del Carmen Ramos
Maria del Carmen Ramos

Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only 135 of them involved employers. Continue reading “Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Takes Effect on August 1, 2016”

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”

Employers May Request Alternative Documents Following an Internal I-9 Audit

Maria del Carmen Ramos
Maria del Carmen Ramos

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request regarding an employer’s potential liability if the employer requested additional documentation to verify an employee’s identify and ability to work in the U.S. following an internal audit of its Form I-9’s. Continue reading “Employers May Request Alternative Documents Following an Internal I-9 Audit”

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”

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”

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”