Supreme Court

Supreme Court

Lawsuit Uncovers USCIS’ Double Standards in H-1B Program

Lawsuit Uncovers USCIS’ Double Standards in H-1B Program

For the past several years, U.S. Citizenship and Immigration Services’ (USCIS) H-1B visa review and processing procedures have caused confusion and concern among U.S. businesses that turn to highly-skilled temporary foreign workers in specialty occupations to operate successfully. In newly-uncovered documents, it appears that instead of supporting small businesses that attempt to hire highly-skilled foreign workers, in many cases, USCIS discourages their success by subjecting them to a near presumption of fraud. Read More

Arizona Faces Lawsuit over DACA Driver’s License Policy

Arizona Faces Lawsuit over DACA Driver’s License Policy

Less than six months after it received a stinging rebuke from the Supreme Court, Arizona today was hit with another major lawsuit over its punitive immigration policies—this time challenging its practice of denying driver’s licenses to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. Filed in federal court in Phoenix, the class-action suit challenges an executive order issued by Gov. Jan Brewer making DACA recipients ineligible for all public benefits. Although the suit is limited to Arizona’s policy, the outcome could affect DACA recipients’ ability to obtain driver’s licenses in other states as well. Read More

Green Cards and Red Flags

Green Cards and Red Flags

Business Standard November 17, 2012 The US’s policy of limiting the number of immigrants is traumatic for visa seekers and bad news for its economy. Indira Kanan reviews a new book that proposes a solution. The United States welcomes immigrants. Immigrants love the United States. They start companies, lots… Read More

Immigrant Entrepreneurs Open for Business

Immigrant Entrepreneurs Open for Business

Des Moines Register November 3, 2012 Betty Garcia embraces the term “immigrant entrepreneur” as a badge of pride. She says her family hasn’t had it as easy as native-born Americans in turning Tortilleria Sonora, whose name hints at both the product and her family’s origins, into a successful business. Read More

Who’s Hiring? An Inside Out View of High Unemployment

Who’s Hiring? An Inside Out View of High Unemployment

Yahoo! Finance November 2, 2012 The latest snapshot of the U.S. labor market, as seen in the October employment report, underscores the current jobs crisis in America. The unemployment rate ticked up to 7.9% from 7.8% in the prior month, and 171,000 payrolls were added to the workforce. While… Read More

Could DACA Have Happened Without Public Engagement at USCIS?

Could DACA Have Happened Without Public Engagement at USCIS?

Approximately two months after the program opened, nearly 200,000 individuals have submitted requests for grants under the Deferred Action for Childhood Arrivals (DACA) imitative.  It’s still too early to assess the overall success of the program or evaluate the grant rates, but it isn’t too early to take note of the important role that preparation played in making DACA a reality. Read More

Supreme Court to Consider Reach of Padilla v. Kentucky

Supreme Court to Consider Reach of Padilla v. Kentucky

In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on account of bad legal advice: whether the ruling applies to cases that became final before the decision was issued. Read More

Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws

Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws

Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations of fairness and proportionality. If the Justices rule in the government’s favor, a lawful permanent resident with two U.S. citizen children could be deported from the country—and permanently barred from returning—for possessing less than $30 worth of marijuana. Read More

Author of Torture Memos Challenges Legality of DACA

Author of Torture Memos Challenges Legality of DACA

As a high-ranking Justice Department attorney after 9/11, John Yoo authored an infamous legal memo arguing that the President, as commander-in-chief of the armed forces, possessed irrevocable authority to order the torture of alleged “enemy combatants.” Although the memos were subsequently revoked, Yoo has remained an ardent defender of presidential power—except, it appears, when it comes to the exercise of prosecutorial discretion for undocumented immigrants. Read More

STEM Visas A Controversy Among Legislators

STEM Visas A Controversy Among Legislators

Your News Now September 25, 2012 WASHINGTON, D.C. — As the gap between available skilled labor and the rapidly growing science, technology, engineering and math industries, or STEM, jobs continues to widen, lawmakers are struggling to find a balance between meeting the needs of the burgeoning sectors and creating… Read More

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