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Recently in Immigration Law Category

The federal district court in Washington D.C. issued a lengthy opinion which may end up being in favor of the NAACP and public interest groups' that filed a lawsuit against President Trump over the rescinding of the Deferred Action for Childhood Arrivals. The court relied heavily on the other three federal court opinions on the issue, and deferred reaching their own conclusions, particularly as the other federal cases are presently being appealed, and SCOTUS has already ruled that it will not take the matters up before the appellate courts rule.

The court's opinion, delivered by Judge John Bates, a George W. Bush appointee, held that the administration's rescission of DACA was arbitrary and capricious, and thus unlawful. Judge Bates set aside the rescission, but stayed his order for 90 days to provide the Trump administration some time to come up with some valid, lawful, rationale. If the DACA rescission isn't fixed in 90 days, DHS will be required to fully restore the program.

Recently, the issue of whether unaccompanied minor immigrant detainees, including unaccompanied minors, should have the right to get an abortion has been in the national spotlight. This is due to a change in federal policy that now prohibits the feds (HHS) from "facilitating" an abortion for this specific class of detainees. That policy seems to have led to the recently espoused and misguided sensationalist view that immigrants are illegally entering the country in order to secure free abortions.

A pair of recently decided cases by the federal district court in D.C. not only sheds light on the intricacies involved, but may also provide the basis for future cases. While the district court approved of the abortions in both cases, only one of the two cases will be challenged on appeal due to how far along each petitioner is in their pregnancy.

Court Allows Undocumented Teen to Get Abortion

A pregnant teenager illegally entered the United States and sought an abortion.

But federal authorities in Texas detained her and denied her access to abortion services. Two months later -- and 15 weeks pregnant -- a federal appeals court has granted her plea.

"Surely the mere act of entry into the United States without documentation does not mean that an immigrant's body is no longer her or his own," Judge Patricia Millett wrote in Garza v. Hargan.

Another Federal Case Put on Hold Pending Trump's Inauguration

In case you missed it the first time, the federal courts are putting their cases on hold until after the incoming President of the United States takes office. A federal appeals court in Washington granted a motion to continue a challenge to Obamacare last week, following a federal district court decision to delay action on an immigration case last month. The courts decided the issues were big enough to allow the new administration time to weigh in after the inauguration.

In the Texas case, the court stayed proceedings against the Obama administration's plan to delay deportation of millions of undocumented immigrants. Texas and 25 other states have sued the outgoing President's delayed deportation plans. In the DC case, U.S. House Republicans are challenging how Obama funded an insurance subsidy program of the Affordable Care Act. The postponements are temporary wins for the president-elect.

Joe Arpaio's Suit Against Obama's Immigration Policies Dismissed

A lawsuit filed against President Obama by the self-styled "America's Toughest Sheriff" was dismissed today by Judge Beryl A. Howell in the D.C. District Court.

In his complaint, Maricopa County Sheriff Joe Arpaio claimed that Obama's new immigration policy, announced last month, was unconstitutional. Rather than dismiss Arpaio's case out of hand for lack of standing, Howell delves into the deep questions of justiciability raised by the lawsuit. Then she dismisses it for lack of standing.

Brazilian Steakhouse Chef Has 'Specialized Knowledge': D.C. Cir.

The legal process for immigrating to the United States is "nightmarish," to put it charitably. Certain types of work visas, however, can make immigration much smoother than it would be otherwise. The L-1B is such a visa, and it's reserved for employees whose work entails "specialized knowledge."

If you think that phrase is a little vague, and that its definition would be ripe for a lawsuit, then welcome to Fogo de Chao v. Department of Homeland Security.

American Samoans Challenge Denial of U.S. Citizenship

Six American Samoans are getting a chance to challenge a federal law in the D.C. Circuit that labels them as U.S. nationals, but not citizens.

The D.C. District Court granted the government's motion to dismiss, but the D.C. Circuit has decided to give the American Samoans a chance to argue their case, according to the Pacific News Center.

According to the original opinion, the State Department classifies the country as an "unincorporated territory."

For Q-1 Visa, Employer Sponsors Must Pay Foreign Interns

Internship cases are all the rage right now. A three-member D.C. Circuit panel weighed in on an unpaid internship case this week involving Q-1 visas and International Internship Program, an organization that sponsors a cultural exchange program that helps people from Asian countries find jobs in American schools.

At its heart, it’s an unpaid internship case involving foreign citizens.

The case centers on the U.S. Citizenship and Immigration Services (USCIS) and the way it governs cultural exchange programs and Q-1 visas.