For NY larceny pleadings, the question of ‘when’ may be more important that ‘what’.

Christian Ludwig Bokelmann, In the Courtroom, 1883. Bibi Alli & Matthew Blaisdell Criminal defendants must understand the consequences of their pleadings: which change over time. A prior conviction can cause trigger removal (deportation) if it “categorically” matches certain categories of offenses under the Immigration and nationality Act (INA). Two of the broadest of these categories…

Habeas corpus restricted for those seeking asylum.

Bibi Alli & Matthew Blaisdell Department of Homeland Security v. Thuraissigiam addressed whether the expedited removal statute [at 8 U.S.C. § 1252(e)(2)], which severely limits federal review of orders of expedited removal, violates a noncitizen’s right to seek a writ of habeas corpus under the U.S. Constitution’s Suspension Clause. Mr. Thuraissigiam’s writ sought release from…

A Right and a Wrong Way to Terminate DACA

Bibi Alli & Matthew Blaisdell In a 5-4 decision in The Department of Homeland Security v. Regents of the University of California, the U.S. Supreme Court ruled that the government’s decision to rescind DACA was arbitrary and capricious, and therefore violated the Administrative Procedures Act (APA)––meaning that DACA will remain in effect for the foreseeable…

DACA Decision Preview

Bibi Alli & Matthew Blaisdell In the Department of Homeland Security v. Regents of the University of California, (we’ll refer to it here as “DHS vs. California”) the Supreme Court of the United States will either vacate the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals program (DACA) or find that the rescission…

The Effect of Furloughs on H-1B Employment

J.M.W. Turner, Pembroke Caselt, Sough Wales, Thunder Storm Approaching, 1801. Foreign workers present in the U.S. pursuant to ‘specialty occupation’ visas are subject to very specific requirements governing their wages and conditions of employment. (While each of the H-1B, H-1B1, and E-3 classifications fall under the ‘speciality occupation’ umbrella, for ease we will just refer…

Covid-19-Related Federal Benefits for Noncitizens

J.M.W. Turner, Dawn after the Wreck, 1841. In 1996, Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), at 8 U.S.C. § 1611, limited eligibility for “federal public benefits” to “qualified aliens,” a group that primarily includes lawful permanent residents (green card holders), asylees, refugees. Those without any immigration status are…

Exactly who is a “U.S. Employee?”

Gustave Caillebotte, Floor Scrapers, 1875. Exactly who is a “U.S. Employee?” Before filing a petition to sponsor a foreign national for an employment-based immigrant visa, the employer must establish that there will be no adverse impact on the U.S. labor market. This is accomplished by undergoing a labor certification through the U.S. Department of Labor.…

J.M.W. Turner, Sunrise with Sea Monsters, 1845

10 Questions Related to the Pandemic.

J.M.W. Turner, Sunrise with Sea Monsters, 1845. On January 31, 2020, the President issued a Proclamation suspending the entry of any foreign national who had been in mainland China within the prior 14 days (with exceptions). This was the first time that the President’s statutory power pursuant to INA § 212(f) had been used to control…