Appeals Court Divided on Texas' Standing to Challenge DACA Program
A panel of the 5th U.S. Circuit Court of Appeals appeared divided on whether Texas has standing to challenge the Deferred Action for Childhood Arrivals (DACA) program, which provides deportation relief and work permits to immigrants brought to the U.S. as children. The Biden administration argued that a 2022 Supreme Court decision, which found Texas lacked standing in a similar case, should apply here. Texas, however, contends DACA burdens state finances by increasing public education and healthcare costs. The case could determine the fate of DACA nationwide, though one judge questioned whether any ruling should apply beyond Texas.
More details, The Hill & The New York Times
Republican Shift on Immigration: From Support to Nativism
Historically, Republicans supported immigration, with leaders like Ronald Reagan championing amnesty and pathways to citizenship. However, since 2009, Republican rhetoric has shifted toward restrictionist policies, fueled by the Tea Party movement and rising populism. Donald Trump’s 2015 campaign centered on anti-immigration rhetoric, leading to harsh policies like family separations and reductions in legal immigration during his presidency. Public opinion has followed suit, with an increasing number of Americans supporting deportations and reduced immigration levels, reflecting Trump's nativist stance.
The Alien Enemies Act, Explained
The Alien Enemies Act of 1798 grants the U.S. president the authority to detain or deport nationals from enemy nations during declared wars or invasions, without due process. Historically invoked during the War of 1812, World Wars I and II, it led to internment and deportation based on ancestry, most notably in the Japanese internment camps. Critics argue its broad scope risks abuse in peacetime, as modern anti-immigration groups push to interpret "invasion" non-literally. Legal experts warn that its potential for rights violations contradicts constitutional protections like equal protection and due process. Congress is urged to repeal the law before future misuse occurs.
Lawsuit Filed Against Former Salvadoran Colonel in Virginia for 1982 Journalist Killings
A civil lawsuit has been filed in U.S. District Court in Alexandria against Mario Adalberto Reyes Mena, a former Salvadoran military officer living in Virginia, for his alleged role in orchestrating the 1982 killings of four Dutch journalists during El Salvador's civil war. The suit, brought under the Torture Victim Protection Act, seeks damages and a declaration of responsibility. Despite El Salvador's Supreme Court striking down a 1992 amnesty law in 2016 and arrest warrants issued in 2022, Reyes Mena has not been extradited. This case highlights ongoing efforts to hold foreign officials accountable for human rights violations in U.S. courts, with mixed results in similar past cases.
NYC Immigration Lawyer Pleads Guilty to Massive Fraud Scheme, Faces 10 Years in Prison
A Bronx immigration lawyer, Kofi Amankwaa, has pleaded guilty to federal fraud charges for orchestrating a scheme that exploited the Violence Against Women Act (VAWA) to fast-track asylum seekers' immigration applications. Amankwaa faces up to 10 years in prison and potential restitution of $16 million for filing thousands of false domestic abuse claims on behalf of clients, charging them $3,000 to $6,000 each. The case highlights the abuse of immigration laws, particularly the VAWA provision allowing noncitizen victims of domestic abuse to seek lawful permanent residence status. US Attorney Damian Williams emphasized the office's commitment to holding accountable those who undermine the immigration system and exploit vulnerable clients.
ACLU Sues Federal Agencies for Records on Mass Detention and Deportation Infrastructure
The American Civil Liberties Union (ACLU) and Goodwin Procter LLP have filed a lawsuit against ICE, DHS, DOJ, and CBP for failing to respond to a Freedom of Information Act (FOIA) request concerning their capacity to implement mass detention and deportation. The suit, filed in the U.S. District Court for the Southern District of New York, seeks records on available bed space, personnel reassignment policies, transportation of noncitizens, and legal interpretations of the "mass influx" provision in immigration laws. This legal action is part of the ACLU's broader strategy to prepare for potential immigration actions by future administrations and aims to increase transparency in the government's detention and deportation operations.
Immigration in America: Key Statistics and Legal Implications
The foreign-born population in the U.S. has reached 51.6 million, accounting for 15.6% of the total population as of 2024. While 77% of immigrants have legal status, including 49% who are naturalized citizens, the naturalization process requires at least 5 years as a lawful permanent resident for most applicants. Immigration policies continue to evolve, with 3.2 million individuals apprehended or turned away at U.S. borders in 2023, the highest number since 1980. Legal professionals should note that the current naturalization application fee is $760, and immigrants contribute significantly to the U.S. economy, making up 18.6% of the workforce and 22.6% of entrepreneurs.
USCIS Updates Guidance on International Entrepreneur Rule for FY 2025
USCIS has updated its Policy Manual to reflect the automatic triennial increase in investment, revenue, and threshold requirements under the International Entrepreneur Rule (IER). The changes, effective October 1, 2024, stem from the final rule published in July 2024, which codifies these adjustments. The guidance also clarifies USCIS coordination with the U.S. Department of State for arranging biometrics appointments for applicants outside the U.S. or receiving parole documents at consulates. This update is part of ongoing efforts to streamline the IER program.
GOP Voter-Purge Lawsuits Face Legal Scrutiny Amid Claims of Noncitizen Voting
Republicans have filed nearly 50 lawsuits across battleground states, aiming to purge over 1 million voters from rolls, citing unsubstantiated claims of noncitizen voting. These efforts face significant legal challenges, with at least 28 suits potentially violating the National Voter Registration Act's 90-day "quiet period" before elections. A federal judge in Arizona recently dismissed one such lawsuit, noting it was filed too late to comply with election laws. Legal experts and election officials emphasize that noncitizen voting is extremely rare, with studies showing minimal occurrences. Critics argue these lawsuits are designed to support narrative-building for potential election challenges rather than to address genuine voter fraud concerns.
Agricultural and Business Groups Challenge DOL's H-2A Visa Rule in Federal Court
A coalition of agricultural and business organizations has filed a lawsuit in the U.S. District Court of the Southern District of Mississippi challenging the Department of Labor's new H-2A visa rule. The plaintiffs argue that the rule, which extends labor protections to agricultural workers, exceeds DOL's statutory authority under the Immigration and Nationality Act and conflicts with the National Labor Relations Act's agricultural worker exemption. The lawsuit contends that the rule violates employers' First Amendment rights and seeks to block its implementation in states where it hasn't already been stayed. While DOL maintains the rule enhances worker protections and enforcement capabilities, plaintiffs warn of potential disruptions to the U.S. food supply and labor relations in the agricultural sector if the rule is not halted.
Qatar Joins U.S. Visa Waiver Program, First Gulf Country to Gain Admission
The United States has announced Qatar's admission into its Visa Waiver Program, allowing Qatari citizens visa-free travel for up to 90 days starting no later than December 1, 2024. Qatar, the first Gulf country to join the program, met stringent security requirements including counterterrorism, law enforcement, immigration enforcement, document security, and border management. The Department of Homeland Security and State Department praised Qatar's efforts, highlighting enhanced information sharing on terrorism and serious crimes. As part of the reciprocal agreement, U.S. citizens will be allowed to stay in Qatar for up to 90 days without a visa starting October 1, 2024, an extension from the current 30-day limit.
Fifth Circuit Allows Legal Challenge to Immigrant Parole Program to Proceed
The Fifth Circuit has lifted a stay on a legal battle over the Keeping Families Together program, which allows over 500,000 unauthorized spouses and stepchildren of U.S. citizens to remain in the country and obtain work permits while applying for green cards. Republican-led states argue the Department of Homeland Security exceeded its authority, claiming financial harm. Although the court denied mixed-status families' request to intervene, it left open the possibility of their participation through an amicus brief. The program remains paused as the district court extended its stay until November 8.
DOJ Sues Virginia Over Voter Roll Purge Ahead of Election
The Department of Justice filed a lawsuit against Virginia, accusing the state of violating the National Voter Registration Act by purging voters from rolls within 90 days of the 2024 election. The lawsuit targets a program initiated by Governor Glenn Youngkin, which removes voters based on DMV records lacking proof of U.S. citizenship. The DOJ seeks an injunction to protect eligible voters' rights. The program has already faced legal challenges from immigration rights groups, and a similar DOJ lawsuit was recently filed against Alabama over voter roll purges.
USCIS Updates Guidance on Expedite Requests for Government and Humanitarian Cases
USCIS has issued updated guidance clarifying how it evaluates expedite requests, particularly those involving government interests, emergencies, or urgent humanitarian needs, including travel-related requests. The guidance specifies that cases identified as urgent by U.S. government entities for reasons such as public safety or national security will generally be expedited, deferring to the requesting agency's assessment. Travel-related expedite requests for Form I-131 will be considered if processing delays could affect planned departures. Additionally, the update provides clearer instructions on submitting and tracking expedite requests through USCIS online tools. This guidance is effective immediately.