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BIA Decision regarding the Walsh Waiver

Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.

DOJ rescinds Memorandum on Use of Private Prisons

On February 21, 2017, Attorney General Jeff Sessions issued a memo to the Federal Bureau of Prisons (BOP) rescinding former Deputy Attorney General Sally Yates’ August 18, 2016, memo entitled “Reducing Our Use of Private Prisons,” which aimed to sharply scale back DOJ’s use of private prison contractors in the federal prison system. The memo from Sessions eliminates the review of private prison contracts at the end of their term, and directs the BOP to return to its previous approach with regard to the use of private prisons.

OSC Publishes TAL on Replacing U.S. Workers with Temporary Contract Workers

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.

District Court Orders Disclosure of DOJ Emails

The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending.

DOJ Announces Settlement in U.S. Citizen Discrimination Case

DOJ press release announcing a settlement agreement between S.W.J.J. Inc., or Sernak Farms, to settle allegations that Sernak discriminated by preferring to hire H-2A temporary visa holders over U.S. citizen applicants.

Nonimmigrants and Firearms Disabilities under the Gun Control Act

DOJ OLC opinion rejects the interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in an interim final rule, and concludes that 18 USC §922(g)(5)(B) applies only to nonimmigrants who must have a visa to be admitted to the U.S., not to all nonimmigrants.

Increase in Federal Immigration Prosecutions per TRAC

TRAC issued a news release on an increase in federal immigration prosecutions. According to TRAC, recent DOJ figures indicate that there were 8,287 immigration prosecutions in March 2010, more than in any month since July 2009.

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