DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on whether an employer may, consistent with the anti-discrimination provision in INA §274B(a)(1)(B), terminate U.S. workers and rely on contract workers with temporary work visas to perform the work previously done by the terminated U.S. workers. The letter states, “Except in very narrow circumstances, an employer violates the anti-discrimination provision if it terminates workers or hires their replacements because of citizenship or immigration status.” The letter also lists several factors that may be considered in determining whether an employer has in fact violated the anti-discrimination provision in such cases.
The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.
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AP: Lawyers Challenge Texas Law on Harboring Immigrants
The Associated Press reports that the Mexican American Legal Defense and Education Fundfiled a federal lawsuit on Monday challenging part of a Texas border security bill that could allow state authorities to target shelters and landlords for harboring undocumented immigrants. The bill, known as HB 11, was signed into law by Texas Governor Greg Abbott last year, and provides that individuals who profit from, encourage, or induce a person to enter or stay in the country illegally “by concealing, harboring, or shielding that person from detection” can be charged with various felony degrees. Jonathan Ryan, AILA member and Executive Director of RAICES, a CARA Project
DOL Issues Round 10 FAQ on Post-Certification Corporate Restructuring and Definition of “Successor in Interest”
DOL released a Round 10 FAQ on the H-2A 2010 final rule providing guidance on corporate restructuring and “successor in interest” post-certification. Specifically, the FAQ addresses whether, under the H-2A regulations, the successor in interest can still use the certification issued.
Circuit Court Upholds Regulation Precluding an Individual Subject to a Reinstated Removal Order from Applying for Asylum
The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.