Did Obama Violate the Take Care Clause by Staying Some Deportations? John Yoo Weighs In

President Barack Obama effectively wrote into law the failed DREAM Act when his administration announced in June that it would not deport many illegal aliens under 30 who came to this country as children, two law professors say. The president also breached his constitutional duty to enforce the laws under…

Oct 9, 2012 10:29 AM CDT

NY Appeals Court: Top US Court’s Padilla Ruling Applies re ‘96 Plea Now Blamed on Counsel’s Advice

Sixteen years after Roman Baret’s guilty plea in 1996 to criminal sale of a controlled substance, a New York appeals court has held that the U.S. Supreme Court’s landmark 2010 ruling in Padilla v. Kentucky applies retroactively. It requires defense lawyers to advise clients of any adverse immigration consequences of…

Oct 4, 2012 4:34 PM CDT

Florida Supreme Court Hears Arguments in Case of Undocumented Immigrant Seeking Law License

The Florida Supreme Court on Tuesday heard oral arguments in a controversial case concerning an undocumented immigrant seeking a law license. In addition to other arguments he made earlier, Jose Manuel Godinez-Samperio is now contending he should be admitted to practice in the state because a new immigration policy adopted…

Oct 2, 2012 9:57 PM CDT

Civil Solution: ABA Says Those Facing Removal from the US Shouldn’t Be Treated Like Criminals

Oct 1, 2012 5:49 AM CDT

Investigators Say There Are Likely More Immigration Victims of Disbarred Lawyer

At least 10 people paid a disbarred South Carolina lawyer for immigration services he didn’t provide and authorities say they expect more victims to surface. Former Hilton Head lawyer Michael George Wyman, who opened Wyman’s Immigrant Angels Inc. in March, was charged this week with 10 counts of breach of…

Sep 28, 2012 11:15 AM CDT

9th Circuit Splits 6-5 Over Immigration Provision, Sides with Applicants Who’ve ‘Aged Out’

In an en banc ruling, the 9th U.S. Circuit Court of Appeals has held that children of immigrants who are given derivative visas can immigrate with their parents to the United States, even if they’ve “aged out” by turning 21 before their parents’ visas were processed. The Recorder reports that…

Sep 27, 2012 12:05 PM CDT

Fla. Universities Can’t Charge Higher College Tuition for Children of Illegal Immigrants, Judge Says

Updated: A federal judge in Florida ruled this week that students in state-supported colleges and universities can’t be charged out-of-state tuition just because their parents are in the country illegally. Such a policy violates the U.S. Constitution’s equal protection clause, U.S. District Judge K. Michael Moore ruled Friday, according to…

Sep 6, 2012 9:30 PM CDT

Breaking the Shackles: More Must Be Done to End Human Trafficking and Help Victims

Sep 1, 2012 9:50 AM CDT

The Convert: Houston Lawyer Spearheads Pro Bono Advocacy for Child Immigrants

Sep 1, 2012 9:00 AM CDT

Raising Awareness: New President Laurel Bellows Puts Human Trafficking on Her Hit List

Sep 1, 2012 5:30 AM CDT

Suit Claims US Immigration Official Created ‘Frat House-Type Atmosphere’

The chief of staff at U.S. Immigration and Customs Enforcement has taken a voluntary paid leave pending a review of allegations in a lawsuit claiming she created a discriminatory work environment for male employees. The suit filed in May by James Hayes Jr. accuses chief of staff Suzanne Barr of…

Aug 22, 2012 1:41 PM CDT

Despite Uncertainties, Lots of Applications Likely as ‘Deferred Action’ Immigration Program Launches

Even as the U.S. Citizenship and Immigration Services begins accepting applications Wednesday for the new “deferred action” program promising a temporary two-year enforcement reprieve for some illegal immigrants, exactly how the program will work won’t be entirely clear until it is up and running. But despite uncertainties—as well as concern…

Aug 14, 2012 6:22 PM CDT

ABA House OKs Standards Saying Civilly Detained Immigrants Should Not Be Held in Jail-Like Settings

Most illegal aliens detained by the Department of Homeland Security should not be held in jails or jail-like settings, according to new civil immigration detention standards adopted Monday by the ABA House of Delegates. The standards are designed to help DHS as it transitions to a system that does not…

Aug 6, 2012 4:43 PM CDT

DOJ Says Federal Law Bans Top Calif. Court from Admitting ‘Unlawfully Present Alien’ to State Bar

A bar examiners committee and the state attorney general have recommended that Sergio C. Garcia be admitted to the California bar, even though he is an undocumented immigrant. But in a Wednesday filing responding to the state supreme court’s request for an opinion, the Department of Justice disagreed. In its…

Aug 3, 2012 11:01 AM CDT

Judge Who Overruled Feds’ Nix on Naturalization App Will Personally Administer Citizenship Oath

In an unusual outright rejection of a U.S. Citizenship and Immigration Services decision about a naturalization petition, a federal judge in Alexandria, Va., last month said, in a 90-page opinion, that there was no basis to deny citizenship to Jamal Abusamhadaneh on character grounds. Although the USCIS claimed Abusamhadaneh had…

Jul 25, 2012 9:50 PM CDT