Immigration Blog

Alexander J. Segal's picture

Guidance on Checking Veracity of Form I-551 Without Violating Anti-Discrimination Laws

The Office of Special Counsel (OSC) for the Department of Justice (DOJ) provided an interesting Technical Assistance Letter (TAL) to an immigration attorney who requested an advisory opinion on how her client should seek to comply with the requirements of section 274a of the INA (relating to not employing aliens who lack employment authorization) without violating 274b (prohibitions on discriminatory conduct in employment-related matters).

Alexander J. Segal's picture

2016 Presidential Candidate Profile: Carly Fiorina

Fiorina has shown impressive policy acumen and speaking ability throughout the campaign thus far. She is by far the most qualified candidate of the three candidates who have never held elected office. While she has little chance of being the nominee, Fiorina is worth your consideration in the primary.

Alexander J. Segal's picture

House Passes Legislation to Improve VWP Security

On December 8, 2015, the U.S. House of Representatives passed the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 by a margin of 407-19. In order to become law, the bill would need to be passed by the Senate and signed by the President. However, given the broad bipartisan support, it seems quite likely that something similar to H.R. 158 will reach the President’s desk in the near future.

Alexander J. Segal's picture

2016 Presidential Candidate Profile: Rand Paul

I think that Paul is a tremendous Senator and one of the strongest advocates for small government conservatism. Furthermore, he arguably strikes the best balance between immigration enforcement and immigration reform in the field. However, while his is a voice makes the Republican field stronger, I have too many questions about his support for Israel and his foreign policy views in general to consider voting for him for President.

Alexander J. Segal's picture

2016 Presidential Candidate Profile: Ben Carson

Carson had an indisputably remarkable career in medicine. However, despite the voting fast approaching, Carson has developed little in the way of concrete policy proposals or in showing that he has a command of the issues facing this country today befitting of a top Republican candidate for President. For all of his virtues, I cannot recommend supporting him in a strong primary field that also contains many more qualified candidates.

Alexander J. Segal's picture

DHS Issues Guide for Filing DHS-Related Complaints

The DHS published a guide on how to file a complaint with the DHS in April of 2015. Any person dealing with the DHS should study this document carefully. For this post, I will provide a summary of where the guide discusses complaint procedures that should be of interest for those dealing with the DHS in the immigration context. I will include the pages in the guide on which information for filing the specific complaint may be found.

Wendy Barlow's picture

DOS Provides "Crosswalk Charts" for 9 FAM and 9 FAMe

The Department of State (DOS) has completely renumbered and rewritten chapter 9 of the Foreign Affairs Manual (FAM). DOS has provided two cross-reference (crosswalk) charts to help us adjust from the old 9 FAM to the new 9 FAMe.

Alexander J. Segal's picture

Senator James Lankford's "Federal Fumbles" Covers Example of ICE Waste

For years, Republican Senator Tom Coburn of Oklahoma released an annual “Government Wastebook.” Each addition was free to download from the Senator’s website and took a humorous look at some of the more absurd ways that the federal government wastes our tax money and fails at its responsibilities. Senator Coburn retired in 2014. Fortunately, Republican Senator James Lankford, who succeeded Senator Coburn in a special election, has continued Senator Coburn’s annual tradition.

Wendy Barlow's picture

Using Collateral Estoppel Against the United States Government in Immigration Matters

Collateral estoppel is a legal doctrine that precludes subsequent litigation of legal determinations of fact and law that have already resulted in final judgments. The rationale behind collateral estoppel is to prevent abuse of limited judicial resources and harassment. Collateral estoppel can only be applied in circumstances where (1) the issue sought to be relitigated is identical to the issue decided during a prior proceeding; (2) the prior proceeding ended with a final determination on the merits; and (3) the party against whom collateral estoppel is being asserted was a party to the prior proceeding. See Hydranautics v. FilmTec Corp., 204 F.3d 880, 885 (9th Cir. 2000).

Alexander J. Segal's picture

Asylum and Refugee Q&A With the Nebraska Service Center

On November 12, 2015, an interesting Q and A was conducted with the Nebraska Service Center (NSC) about asylee and refugee issues.

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