When Immigration Matters

CIS Ombudsman: The CIS
Ombudsman's Office will be closed and will not be accepting any inquiries
through their online case intake system.

WICHITA, KAN. – A local McDonald's Franchisee has agreed to plead guilty to an immigration charge after a federal investigation showed that the manager of one of its McDonald’s restaurants in Wichita was an undocumented worker, U.S. Attorney Barry Grissom announced on October 31, 2012.

Last week, the U.S. Court of Appeals for the Fifth Circuit rejected the government’s ongoing attempt to bar noncitizens from seeking reopening and reconsideration of their cases from outside the United States. Ruling in two companion cases, the court found that the “departure bar”—a regulation barring noncitizens from pursuing their cases after departure or deportation— is unlawful. In so doing, the court adopted arguments offered by the American Immigration Council's Legal Action Center (LAC) and the National Immigration Project of the National Lawyers Guild (NIPNLG) in an amicus brief to the court. These decisions are an important step toward ensuring that all noncitizens are afforded the opportunity to fully present their cases to an immigration judge and the Board of Immigration Appeals.

The owners of an Overland Park, Kan., hotel have been indicted on charges of knowingly hiring undocumented aliens who were paid less than other employees, U.S. Attorney Barry Grissom said today.

Munir Ahmad Chaudary, 51, and his wife, Rhonda R. Bridge, 40, both of Overland Park, are charged with the following crimes:

As of Aug. 10, 2012, U.S. Customs and Border Protection (CBP) no longer provides admission stamps on Forms I-20/DS-2019 for prospective and returning international students and scholars (traveling with F, M, and J visas) seeking admission to the United States. This change makes CBP processes consistent with U.S. Citizenship and Immigration Service’s (USCIS) recent change to stop stamping Forms I-20/DS-2019. USCIS implemented this change as part of the launch of its online immigration benefits system, USCIS Electronic Immigration System, as it transforms the agency from a paper-based system to an online environment. ( USCIS Electronic Immigration System )

Although placing an admission stamp on Forms I-20/DS-2019 has been a longstanding practice at CBP, it is not required. While the admission stamps on Forms I-20/DS-2019 are not indicators of lawful status or academic program duration, some state and federal benefit granting agencies have required international students and scholars to present stamped versions. State requirements vary.

"On May 31, 2012, in an effort to improve access to counsel before CBP, ICE and USCIS, the LAC and Penn State Law’s Center for Immigrants’ Rights released the report, Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel (docs/Behind_Closed_Doors_5-31-12.pdf). The report describes restrictions on access to legal representation before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses recent changes to USCIS guidance that are intended to expand access to legal representation.  The report includes anecdotes from immigration attorneys across the country indicating that CBP, ICE and USCIS often interfere with noncitizens’ access to counsel in benefits interviews, interrogations, and other types of administrative proceedings outside of immigration court. Depending on the context, immigration officers completely bar attorney participation, impose unwarranted restrictions on access to legal counsel, or strongly discourage noncitizens from seeking legal representation at their own expense." IAC Legal Action Center, May 31, 2012.

Today, November 17, 2011,  the Office of the Principal Legal Advisor (OPLA) released a new memorandum relating to Prosecutorial Discretion and Immigration Enforcement.  See docs/OPLA memo.pdf.  The purpose of the memorandum is to ensure that that Immigration Courts follow the civil enforcement priorities laid out in the June 17, 2011 Morton memorandum.

U.S. Immigration and Customs Enforcement (ICE) has issued a final rule, effective August 23, 2010, providing that employers and recruiters or referrers for a fee who are required to complete and retain the Employment Eligibility Verification Form (I-9) may sign the form electronically and retain it in an electronic format. The final rule makes minor changes to an interim final rule promulgated in 2006.

DETROIT - Applied Plastic Products, a Detroit-area company accused of failing to properly complete nearly 100 eligibility forms for workers is being pursued by Immigration and Customs Enforcement "ICE".  The violations were uncovered in a March 2009 audit and a fine was levied in April.

Today, the Department of Homeland Security's Immigration and Customs Enforcement ("ICE") announced that it would begin delivering I-9 audit notices immediately to approximately 1,000 employers across the country associated with critical infrastructure. It seems that the notices will primarily consist of subpoenas for I-9 employee verification forms and supporting documents.  Employers that receive audit notices should make sure that they are aware of the deadline to submit responses to ICE.