Supreme Court

SCOTUS Decides Immigrants Can “Age-Out” of Visa Petitions

Written by on June 9, 2014 in Children, Courts, Family, Supreme Court with 7 Comments
SCOTUS Decides Immigrants Can “Age-Out” of Visa Petitions

In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents; the majority ruled that [...]

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Local Anti-Immigrant Laws Die as More States and Municipalities Pursue Pro-Immigrant Policies

Local Anti-Immigrant Laws Die as More States and Municipalities Pursue Pro-Immigrant Policies

The Supreme Court announced this week that it would not review the appeals of lower-court decisions finding that local anti-immigrant ordinances passed by Farmers Branch, Texas and Hazleton, Pennsylvania were unconstitutional infringements on federal immigration law. The laws would have required private landlords to verify the immigration status of tenants and penalized them for renting [...]

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Top Five Immigration Stories from 2013

Top Five Immigration Stories from 2013

From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a mandate for reform. It seemed, at the [...]

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Supreme Court Considers Restrictive Interpretation of Child Status Protection Act

Written by on December 11, 2013 in Administration, Family, Supreme Court, Visas with 2 Comments
Supreme Court Considers Restrictive Interpretation of Child Status Protection Act

Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” – that is, turn 21 and lose their status [...]

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Supreme Court to Interpret Child Status Protection Act

Written by on November 14, 2013 in Children, Courts, Family, Immigration Law, Supreme Court, USCIS, Visas with 7 Comments
Supreme Court to Interpret Child Status Protection Act

Last week, several groups, including the American Immigration Council, submitted an amicus brief to the Supreme Court describing the heartrending stories of young people who have been separated from their families due to government processing delays and the shortage of visas.  The case, Mayorkas v. Cuellar de Osorio, concerns the Child Status Protection Act (CSPA), [...]

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Alabama’s HB 56 Anti-Immigrant Law Takes Final Gasps

Alabama’s HB 56 Anti-Immigrant Law Takes Final Gasps

Immigration advocates who have been fighting against Alabama’s HB 56, the punitive immigration measure often called the “show me your papers” law, declared victory after the state agreed not to pursue key provisions of the 2011 legislation. The agreement is part of a settlement of long-running lawsuits filed by the U.S. Department of Justice (DOJ) [...]

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Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits

Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits

Former Attorney General Alberto R. Gonzales is advocating in the New York Times that the Supreme Court decision in U.S. v. Windsor, which invalidated Section 3 of the Defense of Marriage Act (DOMA), should not allow the Obama administration to afford immigration benefits to married, same-sex bi-national couples.  Rather, he argues, the administration is bound [...]

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Supreme Court’s DOMA Decision Good for Economic Competitiveness

Supreme Court’s DOMA Decision Good for Economic Competitiveness

In the global economy of the twenty-first century, a globally mobile workforce is critical to remaining competitive. Yet for LGBT employees, their families, and their employers, significant barriers remain in place. The Supreme Court’s June 26 decision in United States v. Windsor finding part of the Defense of Marriage Act (DOMA) unconstitutional has clear and [...]

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USCIS Approves First Green Cards for Same Sex Couples

Written by on July 15, 2013 in Courts, DOMA, Family, Supreme Court with 2 Comments
USCIS Approves First Green Cards for Same Sex Couples

On June 26, the Supreme Court issued its decision in the case of United States v. Windsor, in which it struck down section 3 of the Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman for all federal laws.  This law meant that the immigration agencies would not recognize [...]

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Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples

Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples

Today, the Supreme Court issued its decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples [...]

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