Contributed by Koby Polaski, Senior Attorney, Edwards Office

It is difficult to keep straight the many legal issues playing out in the litigation between twenty-six states and the federal government over the legality of President Obama’s DAPA (Deferred Action for Parental Accountability) and expanded DACA (Deferred Action for Childhood Arrivals) programs. We are keeping our eyes and ears on three major issues, outlined here:

1)  Motion for Emergency Stay: The Department of Justice (DOJ) filed an appeal with the 5th Circuit Court of Appeals asking that the Court allow President Obama’s DAPA and expanded DACA programs to continue while the underlying litigation plays out. If the Court grants the emergency stay, DAPA and the DACA extension would take effect while Judge Hanen considers the legality of the programs and the 5th Circuit considers DOJ’s appeal of the injunction (which temporarily halted the implementation of both programs). In its appeal, DOJ asked the Court to decide whether it will grant the Emergency Stay by March 27.

2)  Appeal of the Preliminary Injunction Ordered by Judge Hanen: The Department of Justice also appealed the district court’s injunction. The injunction blocked the implementation of DAPA and expanded DACA while the litigation is pending. If the 5th Circuit Court of Appeals rules in favor of the Department of Justice, DAPA and expanded DACA would take effect. Importantly, the Motion for Emergency Stay and the Appeal have only to do with the preliminary injunction (the district court’s decision to block DAPA and expanded DACA). The actual case remains before Judge Hanen at the district court level. The Court of Appeals will hopefully rule on the Emergency Stay before the end of the month; however, don’t expect a ruling on the actual injunction until June at the earliest.

3)  Federal District Court: Meanwhile, the actual claim brought by the states against the Department of Justice remains at the U.S. District Court for the Southern District of Texas. On March 19, the court held a hearing on various issues, including a motion by the States for early discovery. If the district court ultimately rules against the DAPA and expanded DACA programs, expect the DOJ to appeal that ruling as well.

If you have questions regarding this confusing, multi-faceted litigation and its impact on you and your family, we encourage you to contact our office to speak with one of our expert immigration attorneys.

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Department of Labor is Again Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers

Contributed by Melanie Corrin, Partner

On March 4, 2014 a federal district court in the Northern District of Florida vacated the Department of Labor’s 2008 H-2B regulations, finding that the DOL lacks authority to issue regulations in the H-2B program under the Immigration & Nationality Act.  Because of this decision, effective March 5, 2015, DOL stated it could no longer accept or process requests for prevailing wage determinations (PWDs) or applications for temporary labor certification in the H-2B program.  DOL then considered its options in light of the court's decision.

On March 18, 2015 the Court agreed to stay its injunction and on the 20^th the Department of Labor updated their website to allow temporary labor certification filings.    

Clearly this was an issue for employers who are seeking H-2B visas for the second half of the fiscal year.  The Department of Homeland Security has announced that it has receipted approximately 16,519 petitions toward the 33,000 cap for the second half of the 2015 fiscal year.  If your company is presently working on an H-2B petition, please contact us.  We will keep this information updated as quickly as we receive it.  

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Hearing Scheduled Today in Texas v. United States

Contributed by Koby Polaski, Senior Attorney

A hearing is scheduled today in Texas v. United States before U.S. District Court Judge, Andrew Hanan. Unfortunately, while this might sound like progress, we should not expect a decision from Judge Hanan anytime soon. Today’s hearing is specifically regarding the Plaintiff States’ Motion for Early Discovery, filed on March 5, 2015.

In his Order regarding the hearing, Judge Hanan wrote, “Due to the seriousness of the matters discussed [in Plaintiff’s discovery motion], the Court will not rule on any other pending motions until it is clear that these matters, if true, do not impact the pending matters or any rulings previously made by this Court.” This statement confirmed for the federal government that Judge Hanan is not inclined to rule quickly on either the legality of President Obama’s executive actions, or the federal government’s request to stay the pending injunction.

In better news, however, the federal government is now free to file an appeal before the Fifth Circuit Court of Appeals, given the fact that Judge Hanan declined to rule on the government’s motion for an emergency stay within the requested time period.

Stay tuned to our blog for the latest developments in this lawsuit. 

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Happy St. Patrick’s Day from Joseph Law Firm, P.C.

Contributed by Aaron Hall, Partner

St. Patrick’s Day is here again and around the United States, those of Irish ancestry and those who just want to make merry are commemorating the day with parades, Irish food and drink, and the “wearin’ of the green.”

Irish immigrants have been a part of this country from its beginning, but the largest numbers arrived between 1820 and 1860, with 2,000,000 immigrants arriving in that span.  75% of those immigrants were fleeing the incredible poverty and starvation of Irish potato famine.

Upon arrival, Irish Catholics were often targets of stereotyping and discrimination as they were seen as drunk, lazy, prone to criminal behavior, and shiftless.  Because the Irish were Celts and not Anglo-Saxon, some also considered them to be racially inferior.  Signs appeared in classified ads and shop windows advising that “Irish Need Not Apply” for open positions.  Many also worried that the Irish propensity to bear many children per family would displace the dominant American Protestant religion.

Fast forward a century and a half to today, as all things Irish are universally celebrated by Americans and we dye our rivers green, America is grateful for the contributions that generations of Irish immigrants have made to this country.  We should be equally mindful of the contributions that immigrants from other parts and their descendants have made, are making, and will make for generations to come, particularly where some of the stereotypes similar to those applied to the Irish seem to be lurking behind debate on current immigration policy.

I’ll have all of this in mind as I raise a glass this St. Patrick’s Day.  In the spirit of the day, I’ll leave you with one of my dad’s favorite Irish toasts:

May those who love us,

Love us.

And those who do not love us,

May God turn their hearts.

And if He doesn't turn their hearts,

May He turn their ankles,

So we'll know them by their limping.

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ICE Arrests Over Two Thousand, Focuses on DUIs, in Operation Cross Check

Contributed by Aaron Hall, Partner

Immigration and Customs Enforcement (ICE) arrested 2,059 noncitizens last week in Operation Cross Check.  ICE’s arrests focused on those that it considers public safety threats.  According to the press release, the “vast majority” of those arrested with misdemeanors had convictions for driving under the influence. 

ICE’s policy is that DUIs are significant misdemeanors and that those with DUIs are therefore enforcement priorities. 

With ICE’s prioritizing its enforcement actions according to its 11/20/2014 memo, we expect continued and aggressive emphasis on those with convictions for DUI, DWAI, domestic violence, and other felonies and significant misdemeanors. 

If you or a noncitizen you know has a criminal conviction, we recommend getting a consultation to evaluate whether the person will be considered an enforcement priority and whether he or she is eligible for any immigration benefit before being contacted by ICE officers.  Also, it is more important than ever to consult with an immigration lawyer before entering any guilty plea in criminal proceedings, as the immigration consequences of convictions for even minor crimes can often be disastrous.

To schedule a consultation, call our office at (303) 297-9171.

Further Reading:

ICE’s Press Release on Operation Cross Check

Increase in DUI-Related Detentions

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Department of Labor Not Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers

Contributed by Melanie Corrin, Partner

  

On March 4, 2014 a federal district court in the Northern District of Florida vacated the Department of Labor’s 2008 H-2B regulations, finding that the DOL lacks authority to issue regulations in the H-2B program under the Immigration & Nationality Act.  Because of this decision, effective immediately, DOL states that it can no longer accept or process requests for prevailing wage determinations (PWDs) or applications for labor certification in the H-2B program.  DOL is considering its options in light of the court's decision.  

Clearly this is an issue for employers who are seeking H-2B visas for the second half of the fiscal year.  The Department of Homeland Security has announced that it has receipted approximately 16,519 petitions toward the 33,000 cap for the second half of the 2015 fiscal year.  

If your company is presently working on an H-2B petition, please contact us.  We will keep this information updated as quickly as we receive it.  

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