Immigration Law

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

Maricopa County Sheriff Denies Profiling, Blames Co-Author for Anti-Immigrant Statements

Sheriff Joe Arpaio of Maricopa County, Ariz., testified in a class action suit on Tuesday that his department doesn’t arrest people “because of the color of their skin.” Arpaio testified in a suit filed by the American Civil Liberties Union on behalf of all Latinos arrested by the sheriff’s department…

Jul 25, 2012 12:22 PM CDT

Calif. AG Supports Illegal Immigrant’s Quest for Law License

California’s attorney general is supporting the state bar-admission quest of a man who was brought to the United States illegally as a toddler. Although Sergio Garcia, 35, applied for legal residency in 1995, his application is still pending, reports the Associated Press. His father is already a U.S. citizen and…

Jul 20, 2012 6:52 PM CDT

Tattoos and Concerns About Gangs Put Some Green Cards on Hold

U.S. officials are delaying or denying green cards to some immigrants because of concerns their tattoos indicate gang membership. The Wall Street Journal (sub. req.) identifies several applicants tripped up by tattoos. “The tattoo checks have ensnared scores of immigrants—mostly from Latin America—even though they have no criminal conviction,” the…

Jul 11, 2012 1:03 PM CDT

Around the Blawgosphere: Lawyer’s Story of Proud Americans—Who Waited 54 Years for Citizenship

Believing in America On July 4, “Ken” shared at Popehat a story (which he confesses he has posted before) of an Independence Day in the early 1990s in which he was a summer extern for Ronald S.W. Lew, the first Chinese-American district court judge in the continental United States. Lew…

Jul 6, 2012 1:38 PM CDT

Scalia Dissent Hits Obama Immigration Policy; Law Prof Calls Justice an ‘Intolerable Blowhard’

The critics are blasting Justice Antonin Scalia for a biting dissent on Monday that criticizes President Obama’s immigration policy. Scalia dissented in Arizona United States, a decision striking down three disputed sections of an Arizona law cracking down on illegal immigration. The majority upheld just one provision that requires police…

Jun 26, 2012 11:50 AM CDT

Supreme Court Overturns Three Sections of Arizona Immigration Law, Upholds Papers Check

Updated: The U.S. Supreme Court has struck down three contested sections of an Arizona law designed to crack down on illegal immigrants. Justice Anthony M. Kennedy wrote the majority opinion (PDF) upholding just one contested section of the law—at least for now. The provision requires state and local police to…

Jun 25, 2012 2:45 PM CDT

As Immigrants Seek Info on New ‘Deferred Action’ Program, Experts Say Delay Is Advisable

Immigration lawyers have been bombarded with calls from excited clients, following an announcement last week that the U.S. would be changing its deportation policy to allow many undocumented individuals under 30 who came to this country as children to stay and potentially get work permits. However, it could be as…

Jun 20, 2012 3:47 PM CDT

Illegal Immigrant Should Be Admitted to Practice, Calif. State Bar Tells State Supreme Court

Just because a lawyer is licensed to practice doesn’t mean he or she has a legal right to work. But that distinction shows that a law license should be granted to an illegal immigrant, Sergio C. Garcia, who has met the requirements for admission, argues the Committee of Bar Examiners…

Jun 19, 2012 5:10 PM CDT

US Won’t Deport Illegal Child Immigrants Now Under 30 Who Meet Criteria, May OK Work Permits

Updated: Major changes in the way the United States enforces immigration law were announced Friday by Homeland Security Secretary Janet Napolitano. Illegal immigrants now under 30 who were brought to this country before age 16 won’t be deported and could be granted renewable 2-year work permits if they meet certain…

Jun 15, 2012 6:08 PM CDT

Arizona Governor Wants Cops Trained and Ready for Immigration Ruling

Arizona Gov. Jan Brewer wants police to be ready if the U.S. Supreme Court upholds the state’s controversial immigration law. The high court could rule as early as Monday, the Arizona Republic reports. In anticipation of the decision, Brewer ordered a state board on Tuesday to redistribute a training video…

Jun 13, 2012 4:07 PM CDT

Several Potential Blockbuster Cases Await Supreme Court Decision

A challenge to the Obama administration’s health care law isn’t the only potential blockbuster case awaiting decision by the U.S. Supreme Court. In the words of the Wall Street Journal Law Blog, the Supreme Court “saves the best for last.” The story lists these remaining cases, including a couple First…

Jun 12, 2012 6:59 PM CDT

Help in KIND: Group Guides Pro Bono Attorneys Serving Unaccompanied Child Immigrants

On an unusually warm March evening, “Alexander,” with lawyer Alexandra B. Hess by his side, talks about his journey through life so far. Less than two years ago and then 16, Alexander was hiding in the waters of the Rio Grande hoping the U.S. Border Patrol did not see him.…

Jun 1, 2012 9:50 AM CDT

Letters: Techie Talk

TECHIE TALK Regarding “Tracking Techies,” April: Back in the 1950s I was a techie studying to become a lawyer. I told a couple of companies of my work on the IBM 650 and 701, but they did not seem interested. I did arbitrate a dispute about computer services in 1972.…

Jun 1, 2012 9:40 AM CDT

Hundreds of Immigrants Lose Visas Amid Allegations Against Their Lawyer

Hundreds of illegal immigrants who consulted a Boston lawyer in 2001 about a temporary reprieve allowing them to seek work visas in hopes of obtaining legal residency are now facing possible deportation. The reason for the immigrants’ plight: The lawyer, John Dvorak, has been accused of providing inaccurate information in…

May 24, 2012 1:57 PM CDT