UB_Course_Chap_1

1. Family Law—VLP, Journey’s End

Family Law—VLP, Journey’s End

• Family law is a huge component of US immigration law.
• Discuss concepts of “immediate relatives”: immediate status for parents or spouses of US citizens; children under 21, married children over 21, brothers and sisters
• MBGC
• Issues arise in separation/divorce proceedings, custody disputes, etc.
• Migrant children—recent holding

Flores v. Barr (June 2020 decision)

• Judge Dolly Gee, US Dist. Ct. for Central Dist. Of Cal., ordered the release of migrant children held in three family detention centers (two in Texas--Karnes County and Dilley--and one in Pennsylvania--Berks)
• Children have to be released by July 17 – this is the first order that has specified a date of release
• Reasoning: Some of the children have tested positive for Covid-19
• Applies to children who have been held for more than 20 days in the detention centers run by ICE
• Children will be released with their parents or to suitable guardians with consent of their parents
• Gee is overseeing compliance with 1997 Flores settlement agreement, which sets national standards for the treatment and release of detained immigrant children
• ICE is currently reviewing the order
• “As of April 21, 2020, detainees at all three FRCs report inaccessible or ineffective medical treatment, deteriorating health while in custody, insufficient soap and sanitation supplies, lack of thorough cleaning by staff, and insufficient use of PPE by staff or detainees.”
• “Given the length of detention of these minors, Defendants have also failed to demonstrate actual individualized evaluations of flight risk, or refusals of parents to waive their right to remain detained with their children, or other explanations for prolonged detention of Class Members awaiting IJ or USCIS determinations.”

2. Business and Trade Attorneys—BIL,

Hodgson Russ, Barclay Damon

Business and Trade Attorneys—BIL, Hodgson Russ, Barclay Damon

Business/Corporate Immigration

• Investors
• Corporations and individuals who want to live and work in the US
• Temporary work categories (alphabet soup: A-U)
• Green cards (MBGC, Employment-based, DV Lottery)

Trade Attorneys—uncommon

• Regulate the export of technology (deemed export)

Entertainment, Sports, Media

• Sports teams—NHL
• Rolling Stones, The Beatles
• Harry Potter, Hugh Jackman

3. Human Rights and Humanitarian

Protection

International Human Rights law

Refugee admission

Human Rights and Humanitarian Protection

4. Representation of Educational

Institutions—UB ISSS

1 million foreign students to the US each year (F-1 or J-1)

UB ISSS (1998-1999): drafted H-1B and green card petitions for faculty and staff

Foreign student advisors (F-1 and J-1 issues)

Representation of Educational Institutions—UB ISSS

5. Criminal Prosecution and Defense—INS

Trial Attorney/Kolken & Kolken

Impact of a criminal conviction on a FN’s status

Involves review of state statutes, complex analysis

FNs have right to warrant, trial, jury, free counsel

Criminal Prosecution and Defense—INS Trial Attorney/Kolken & Kolken

6. Controlling Migration: Policy and

Law

Sanctuary Cities—pull articles and stats; review con law issues

Controlling Migration

Policy and Law

7. Who Are the Attorneys—

Adjudication and Enforcement

• CBP, ICE and USCIS: 2500 lawyers!
• RB—former INS (now ICE) attorney—prosecuting illegals FNs in NYC imm court
• 400 IJs across the country

• Foreign Service Officers/DOS office of Legal Advisor
• Shape policy for DOS; most live in DC

Who Are the Attorneys

Adjudication and Enforcement

8. Immigration Law is

Everywhere!

• Most students start out wanting to do asylum/refugee work
• Majority of jobs are in the corporate/business sector
• Private firms, in-house counsel

Jobs in WNY—ask RB if interested. Join AILA!

Immigration Law is Everywhere!

1. Concept of US Citizenship

(blood or birth)

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Born Abroad to US Parents

Born in a Territory (Barack Obama)

Citizenship by Naturalization (my hubby and Dad)

Citizenship by Natz of Your Parents

LPR vs. USCitizenship

2. Dual Representation

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Complex issue—we deal with it every day in practice

It doesn’t matter who pays for the legal services—imm lawyers represent both parties (employer and employee)

**Show EL sample**

3. Find Relevant Law

INA

CFR

Foreign Affairs Manual (explains DOS analysis)

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4. Top Down or Bottom Up

Approach?

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Don’t look at the immediate objective: US citizenship

Drill down the issue and look at statute/regulations

Congressional action/Private bill are last resorts!

5. The Danger of Assumptions

Don’t assume anything!

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