U.S. Citizenship and Immigration Services today announced a regulatory change to deter aliens from illegally…
BREAKING
SCOTUS to hear “Public Charge Rule” case.
SCOTUS has agreed to hear the “Public Charge Rule” case e.g. Department of Homeland Security, et al., Petitioners v. New York, et al. This rule is viewed as seeking to discourage some immigrants, by way of denying green cards, from using public services such as food stamps. Even though the issues being taken up in court this Fall, it may actually become null if the Biden administration revises it before then.
Per today’s New York Times article: “The Trump administration announced in 2019 that it would revise the rule, which allows officials to deny permanent legal status, also known as a green card, to immigrants who are likely to need public assistance. In the past, only substantial and sustained monetary help or long-term institutionalization counted, and fewer than 1 percent of applicants were disqualified on public-charge grounds.”
| No. 20-449 |
|
| Title: | Department of Homeland Security, et al., Petitioners v. New York, et al. |
| Docketed: | October 8, 2020 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (19-3591, 19-3595) |
| Decision Date: | August 4, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 07 2020 | Petition for a writ of certiorari filed. (Response due November 9, 2020) |
| Proof of ServicePetition | |
| Oct 23 2020 | Motion of Make the Road New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk. |
| Main Document | |
| Oct 23 2020 | Motion State of New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk. |
| Main Document | |
| Oct 26 2020 | The motions to extend the time to file responses are granted and the time is extended to and including December 9, 2020, for all respondents. |
| Nov 03 2020 | Blanket Consent filed by Petitioner, United States Department of Homeland Secuirty, et al. |
| Blanket Consent | |
| Nov 20 2020 | Motion of New York, et al. to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk. |
| Main Document | |
| Nov 20 2020 | Motion of the MRNY Respondents to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk. |
| Main Document | |
| Nov 20 2020 | Response to motions from petitioner United States Department of Homeland Secuirty, et al. filed. |
| Main Document | |
| Nov 27 2020 | The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED. |
| Dec 09 2020 | Brief of respondents States of New York, Connecticut, and Vermont; and City of New York in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 09 2020 | Brief of respondents Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc. in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Dec 23 2020 | Reply of petitioners United States Department of Homeland Secuirty, et al. filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021. |
| Feb 22 2021 | Petition GRANTED. |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record |
Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001SupremeCtBriefs@USDOJ.gov |
202-514-2217 |
| Party name: United States Department of Homeland Secuirty, et al. | ||
| Attorneys for Respondents | ||
| Jonathan Hillel Hurwitz Counsel of Record |
Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019jhurwitz@paulweiss.com |
(212) 373-3254 |
| Party name: Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc. | ||
| Barbara Dale Underwood Counsel of Record |
Solicitor General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400Barbara.underwood@ag.ny.gov |
212-416-8016 |
| Party name: States of New York, Connecticut, and Vermont; and City of New York | ||
Here’s some good news on the DACA front with FEMA stepping in to assist:
Washington, DC – Over the past eight years the composition of migrants arriving at the U.S. southern border has significantly changed, shifting from mostly Mexican adults seeking work to large numbers of Central Americans—including families and children—seeking asylum. This paradigm shift has overwhelmed existing infrastructure several times now, leading to humanitarian emergencies, with migrants held in overcrowded, unsanitary conditions. In 2019, the Bipartisan Policy Center put forward a plan for an “immigration Federal Emergency Management Agency” that would be a flexible response-unit that could support the Department of Homeland Security’s mission and provide humanitarian services whenever and, more importantly, wherever a large unexpected increase in immigration occurs.
As noted on Mondaq.com, written by Cheryl J. Gardner , Jason Burritt and Michelle Gergerian of Seyfarth Shaw LLP
and on this direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”).
The DOL rule, which took effect on October 8, 2020, significantly increased prevailing wage levels for H-1B, H-1B1 and E-3 programs and the permanent labor certification (PERM) program.
The DHS rule was scheduled to take effect on December 7, 2020 and would have placed further restrictions on the H-1B program, including in particular narrowing the definition of “specialty occupation.”
The Court Order, effective immediately, found that the agencies did not show good cause in bypassing the notice and comment period, required by the Administrative Procedures Act.
For more information, again here’s the direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules
PERM Recruitment Advertising made easy, just contact PERM Ads at https://PERM-Ads.com
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