By Rae Ann Varona (August 26, 2022, 4:46 PM EDT) — A U.S. Department of Labor appellate board has backed the department’s refusal to certify a New York City hardware store’s application to sponsor a foreign worker, saying the store’s selective disclosure of requirements in job ads may have restricted the pool of American applicants.A three-judge panel of the Board of Alien Labor Certification Appeals said Wednesday that Scheman & Grant Inc. didn’t adequately inform U.S. workers of the opening for an executive assistant of interior design by omitting ways that job seekers could meet its requirements, and thus couldn’t meet regulatory requirements to prove an insufficiency of U.S. workers available…Read More
By Michael Soyfer (August 26, 2022, 4:11 PM EDT) — Law of the case has become something of a shibboleth. Every lawyer knows to invoke it when they’ve won some argument earlier in the case and their opponent presses the point again later.But the law of the case doctrine is more nuanced — and less binding — than many acknowledge.In a recent case, Flynn v. FCA US LLC, the U.S. Court of Appeals for the Seventh Circuit in July confronted a plaintiff’s argument that the law of the case doctrine barred a second judge from reconsidering the first judge’s ruling on standing following reassignment.Rejecting that argument, the Seventh…Read More
By Caleb Drickey (August 25, 2022, 9:31 PM EDT) — A company accused of forcing foreign employees to work for substandard wages for years or else pay tens of thousands of dollars in liquidated damages urged a New York federal court Thursday not to grant a pre-trial victory on claims that its practices amounted to forced labor.In an opposition to workers’ bid for summary judgment, United Home Care argued that there was evidence that workers failed to prove that it breached contractual promises to pay prevailing wages, that a clause requiring nurses to pay damages if they quit their jobs early was unreasonable and invalid, and that the company illegally threatened…Read More
By Alyssa Aquino (August 25, 2022, 7:16 PM EDT) — Alliant Credit Union has pressed a California federal court to toss a lawsuit seeking to open up car loans to undocumented immigrants with Obama-era deportation protections, arguing that the uncertain residency status of “Dreamers” presents too high a risk for the five-year loans.The nonprofit financial institution said Tuesday that it allows people temporarily shielded from deportation through the Deferred Action for Childhood Arrivals program to open checking accounts and receive home loans, but that “as a matter of sound underwriting,” it couldn’t justify the risk of providing them with car loans. It’s too risky to provide a five-year loan to…Read More
By Dorothy Atkins (August 25, 2022, 6:18 PM EDT) — U.S. Citizenship and Immigration Services has agreed to rescind recent reforms to the EB-5 visa program to resolve allegations by regional centers that the changes misinterpreted Congressional intent, according to a proposed settlement filed in California federal court Thursday.The federal government and a group of regional centers — or entities that pool and facilitate investments from foreign investors in the EB-5 program — struck the proposed deal under which the USCIS agreed that previously approved centers can retain their approval, and they must file a renewal application by Dec. 29 and pay a filing fee to maintain authorization.The settlement also says EB-5 investors may…Read More
By Alyssa Aquino (August 25, 2022, 5:32 PM EDT) — The Third Circuit ruled that U.S. Department of Homeland Security couldn’t deport an Indian immigrant over a stalking conviction, saying the man was convicted under an overbroad Pennsylvania law that criminalized misconduct that doesn’t warrant deportation.A three-judge panel said the Pennsylvania law supporting Vamsidhar Vurimindi’s two stalking convictions criminalizes the act of stalking someone to cause emotional distress, an offense that doesn’t warrant deportation under federal immigration law Moreover, there was nothing indicating that the statute, 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1), could be divided into smaller pieces, meaning the law was too broad for a violation to…Read More
By Joseph Gerstel (August 25, 2022, 5:18 PM EDT) — It’s almost 9:30 a.m. The seats are filling up with eager new associates as orientation is about to start. There’s a bit of a nervous undercurrent, and you can almost hear the doubts in the back of many minds: Do I really belong here? Am I worthy? Will I enjoy working here?The wheel turns, and associates come and associates go. As summer turns to fall, the coming of associates waxes prominently as law firms once again prepare to welcome new associate classes.But the going of associates — the historic retention issues faced during the pandemic and the threat they presented…Read More
By Hayley Fowler (August 25, 2022, 3:18 PM EDT) — A group of Chinese investors suing over what they allege was a failed coastal development project can’t ditch counterclaims accusing them of exposing confidential information in court filings, a North Carolina state court judge has said.Special Superior Court Judge Julianna Theall Earp ruled Wednesday that certain investment documents attached to the plaintiffs’ complaint were enough to show that a contract existed between the companies behind the development project and the 17 investors who filed suit. The fact that those documents contained confidentiality provisions and were attached to a public docket was also enough to show a potential breach, the judge…Read More
By Rae Ann Varona (August 25, 2022, 2:41 PM EDT) — An investor of The GEO Group has lodged a derivative suit against higher-ups of the private prison operator, saying their disclosures about GEO’s financial prospects didn’t match internal financial concerns stemming from lawsuits alleging forced labor by immigrant detainees.Gerardo Maldonado Jr., a stockholder since 2017, filed his complaint Wednesday on behalf of GEO in a Florida federal court. He said that GEO’s board of directors and some of its executive officers, including co-founder and former CEO George C. Zoley, made “materially misleading” statements in financial reports that GEO did not expect the lawsuits to have a negative impact on its financial…Read More
News release originally published by the Department of Homeland Security.
WASHINGTON – Homeland Security Secretary Alejandro N. Mayorkas today announced that the Department has issued a final rule (PDF) that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit. Since its inception in 2012, DACA has allowed over 800,000 young people to remain in the only country many of them have ever known, with their families. Across the country, DACA recipients are doctors and nurses, working to ensure the health and safety of Americans; they are teachers, striving to give back to younger generations; they are members of our military serving to protect our country; they are our neighbors, friends, and family.“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. Yet, we need Congress to pass legislation that provides an enduring solution for the young Dreamers who have known no country other than the United States as their own.”“DACA has transformed the lives of its recipients and has made us better and stronger as a nation,” said U.S. Citizenship and Immigration Services Director Ur M. Jaddou. “USCIS is proud to play an important role in implementing the DACA final rule and is committed to ensuring DACA recipients can continue to remain a vital part of their communities and contribute to this country that is their home.”The rule continues the DACA policy as announced in the 2012 Napolitano Memorandum (PDF) and is based on longstanding USCIS practice. The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced—that DACA recipients should not be a priority for removal. A product of careful review and in response to the more than 16,000 comments received during the public comment period, the final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule:
Maintains the existing threshold criteria for DACA;
Retains the existing process for DACA requestors to seek work authorization; and
Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.
The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.For more information, visit USCIS’ DACA webpage.