[Blogger’s Note: Today is the last day to submit comments to the Justice Department on its proposed rule which would modify its immigration-related antidiscrimination regulations, which are enforced by the Office of Special Counsel for Unfair Immigration-Related Employment Practices (the Special Counsel). The proposal’s fine print reveals that DOJ’s effort is in essence an unlawful power grab that would expand … Continue Reading
Two hundred days ago President Obama stoked the hopes of immigration advocates with his announcement of wide-ranging executive actions to try — as far as his authority would carry him — to change America’s broken immigration system for the better.
Social media flamed with expressions of outrage, relief and tepid optimism ever since President Obama announced on March 23, 2015 the release of long-awaited policy guidance on a key temporary worker visa category:
Today, I’m pleased to announce a new action I’m also taking to make it easier for global companies who are present here today to launch and invest … Continue Reading
Terabytes of text have already been generated in the course of extolling or excoriating President Obama for his November 20 Executive Actions on Immigration. The prolific foaming of bloviating mouths has mostly been prompted by the promise of deferred action and work permits for undocumented immigrants under the DACA and DAPA programs. Surprisingly, however, his equally profound measures to improve … Continue Reading
[Blogger’s Note: Today we have a dandy guest post from the ever insightful, prolific and droll, Nici Kersey. Don’t be put off by her introductory paragraphs. There’s an immigration gem awaiting — one that employers, and the lawyers who counsel them, will not want to miss.]Gambling on Immigration at a Dangerous Intersection(Merry Christmas, Ninja Squirrel!) By Nicole (Nici) Kersey… Continue Reading
Facing a recalcitrant House of Representatives controlled by Republicans, President Obama made an historic announcement on November 20th outlining an array of executive actions he would take to fix as much as he could of our broken immigration system.
Understandably, public and media attention since then … Continue Reading
[Blogger’s Note: In light of President Obama’s announcement of executive actions on immigration last Thursday, this post, first published on May 7, 2010, is worth a second read. I enjoyed the President’s address to the nation, especially his mention of Astrid Silva, the student carrying a three-degree university course-load. Still, he should have given Tinker Bell her due.]… Continue Reading
In the 1997 film, Liar Liar, Jim Carrey starred as Fletcher Reede, a scruples-free lawyer whose young son, Max, wishes that, for just one day, his dad would tell the truth. Max’s wish is granted. Fletcher flips from mendacity to veracity. He tries persistently to lie; his Silly-Putty® face contorts wildly, but he can only blurt out truths. Hilarity … Continue Reading
In everyday English, “when” clearly “connote[s] immediacy.” . . . ‘”when’ … can be read, on the one hand, to refer to ‘action or activity occurring ‘at the time that’ or ‘as soon as’ other action has ceased or begun … [But on] the other hand, ‘when’ can also be read to [mean] ‘at or during the time that,’ ‘while,’ … Continue Reading
The dysfunctional immigration world continues to spin dangerously out of control.
Do-nothing House Republicans (and five pusillanimous Democrats) commit political seppuku with the passage of the ENFORCE Act — a going-nowhere bill which would authorize civil suits against the President to dissuade him from doing something to husband scarce prosecutorial resources and ameliorate the harsh consequences of deportation for noncriminal … Continue Reading
Imagine you’re the general counsel of Coca Cola (or of any other company that takes great pains to safeguard the internal secrets that endow the organization with competitive advantages over other firms in the same industry). On your desk lands a letter from a U.S. senator in the minority party asking that your company turn over “voluntarily” a raft of … Continue Reading
At the beach when the tide is going out, the waves recede and it seems that nothing is happening in the sea. But the truth is that the great swells are gathering strength beneath the waters, building energy for the time the tide will return.
~ Dean Walley, “The Tides of Life”
These words aptly describe what’s happening in Washington. … Continue Reading
[Blogger’s note: Once again the prolific and ever lucid Careen Shannon offers fresh insights on another facet of our dysfunctional immigration system. Today, she shows why gender bias taints America’s immigration system, and what should be done to eliminate structural bias as part of comprehensive immigration reform.]Immigration Reform Must Redress the Current Law’s Gender Biases by Careen … Continue Reading
The dictionary defines the adjective, “passive-aggressive,” as “a type of behavior or personality characterized by indirect resistance to the demands of others and an avoidance of direct confrontation.” That is an apt characterization describing how federal bureaucrats work their will in the immigration ecosphere. The passive-aggressive behaviors show up in efforts by federal immigration officials to enlist and “deputize” third … Continue Reading
The last few weeks have witnessed severe shocks to the health care system known as Obamacare. The President has issued mea culpas for the not-ready-for-prime-time web site, Health.gov, and for his campaign promise to Americans that if they liked their health insurance plan, they could “keep it. Period.” Americans who’ve lost their preferred health plan have also experienced shocks, … Continue Reading
Samuel Herbert, Her Majesty’s Home Secretary from 1931-32 (the British equivalent of the U.S. Secretary of Homeland Security), could well have been speaking about two recent immigration-related events when he quipped that “bureaucracy” is “a difficulty for every solution.”
U.S. employers have likely grown accustomed to the longstanding controversy over the highly coveted H-1B … Continue Reading
[Blogger’s Note: Today’s post comes from the prodigious and talented Careen Shannon, a frequest guest blogger and blogger in her own right, who is Of Counsel at Fragomen, Del Rey, Bernsen & Loewy, LLP and an Adjunct Professor of Law at the Benjamin N. Cardozo School of Law in New York. Careen Shannon . I’ve covered similar terrain … Continue Reading
[Blogger’s Note: An earlier version of this post mistakenly suggested that the article discussed below offering the views of an immigration lawyer was written by that lawyer. It was not; rather it was written by a reporter who quoted the lawyer. This blogger regrets the error.]
The power of online and social media to whip up a frenzy of vituperation … Continue Reading
The drums of war are pounding. Prominent American companies, through a variety of business associations, are urging the Obama Administration and Congress to punish the Government of India for mounting hostile actions in a brewing trade war.
For its part, the Indian government cannot be pleased with the dramatically increased filing fees and restrictions to be imposed on its … Continue Reading
The word in Washington is that S. 744, the Gang of Eight’s immigration bill, must move to the right if it is to pass the Senate by a 70-vote, bipartisan margin, and thereby pressure the House to approve a (no doubt rightward-leaning) version of comprehensive immigration reform (CIR).
Some Members of Congress, however, Senator John Cornyn (R. TX) among … Continue Reading
French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].”
Immigration law and tax law, although at first glance strikingly different, share much in common. Each rivals the other in complexity. Each permeates every nook and cranny of human behavior — from commerce and criminality to love and divorce, from mental illness to extraordinary brilliance, from birth to death and everything in between. Though each is a distinct legal discipline, … Continue Reading