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Public Charge Rule No Longer in Effect Until the End of COVID-19

A federal district court has ruled that as long as there is a declared national health emergency related to COVID-19, the public charge rule may not go into effect. Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999,

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SCOTUS Rules Employers May Be Sued for Sex Orientation and Gender Identity Discrimination

On Monday, in a 6-3 decision in Bostock v. Clayton County, the Supreme Court held that gay and transgender employees may sue their employers under Title VII for discriminating against them because of their sexual orientation or gender identity. Title VII of the Civil Rights Act of 1964 outlaws employment discrimination on the basis of

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DACA Survives… For Now

In a 5-4 decision in DHS v. Regents of the University of California, the Supreme Court held that the decision to wind-down the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA). It is possible the Department of Homeland Security (DHS) will try again to end DACA. DACA was established by

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Despite COVID-19, SCOTUS Refuses to Stop Use of New Public Charge Definition

The Supreme Court refused to lift its stay of federal court orders that prevented the Trump administration from making changes to the definition of public charge. Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who

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New Presidential Proclamation Limits Green Cards Temporarily

When President Trump tweeted that he intended to temporarily suspend immigration into the United States due to COVID-19 no one quite knew what to expect. The presidential proclamation prevents foreign nationals who are outside of the United States now and for the next 60 days (possibly longer if the proclamation is extended) from applying for legal permanent

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The Supreme Court COVID-19 Slow Down

The Supreme Court of the United States (SCOTUS) is known for its ceaselessness. Government shutdowns, snowstorms, anthrax, and vacancies haven’t slowed down the High Court. But it has not been spared by this global pandemic. This term, the Supreme Court is expected to issue about 56 opinions—about the same number it issued in 1864—the fourth year of

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New York Challenges Regulations Related to Federal Coronavirus-Based Leave

On March 18, 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), providing certain workers up to ten paid sick days and up to twelve weeks of emergency family leave in response to the coronavirus pandemic. On April 1, 2020, the Department of Labor (DOL) issued a final rule implementing the FFCRA. In a lawsuit,

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COVID-19 Guidance for Immigrant Rich Communities

Communities with large immigrant populations may be at risk for greater exposure to COVID-19 because of new rules that have been implemented by the Trump Administration. These rules include increased enforcement efforts to remove all undocumented immigrants, implementation of stricter public charge rules and closure of U.S. Citizenship and Immigration Services (USCIS) offices which process

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Second Circuit Rules against Cities and States in Sanctuary Jurisdictions Case

In 2006, Congress created the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) to provide “flexible” funds for state and local law enforcement programs. Last week, the Second Circuit became the first federal court of appeals to rule in favor of the Attorney General’s decision to add conditions to receiving federal Byrne JAG grants. In

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Local Governments Respond to Car Impounding SCOTUS Case

The State and Local Legal Center (SLLC) has filed an amicus brief in City of Chicago, Illinois v. Fulton, an important case for local governments. The City of Chicago impounds vehicles when debtors have three or more unpaid fines. When Robbin Fulton’s vehicle was impounded for this reason, she filed for bankruptcy and asked the

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