Last Monday, a federal judge ruled to temporarily block Alabama’s new law singling out illegal immigrants. U.S. District Judge Sharon L. Blackburn stated that she needed more time to assess the law and its constitutionality, especially given the intense opposition to the law voiced by the Obama Administration, immigrant-rights groups and church leaders. The law was due to take effect on Thursday, September 1st. Needless to say, that didn’t happen.

The law has been deemed the toughest proposed immigration legislation in the United States. Its opponents compare it to old Jim Crow-era laws promoting racial segregation, while its supporters claim the law will help solve the growing problem of immigrants working in Alabama illegally.

Judge Blackburn stated that more time is needed to adequately examine the lawsuits filed by the US Justice Department, as well as other individuals and groups that claim the law is not constitutional and would allow the state to overreach its authority. Blackburn intends to issue a more comprehensive ruling by September 28.

Alabama joins a string of states that have already attempted to pass similar legislation, including Arizona, Utah, Georgia and Indiana. However, Federal Courts have already taken the sting out of many parts of those laws, as numerous federal judges have so far effectively blocked all or parts of the new immigration laws in the above states.

Two particularly thorny parts of the new laws in Alabama require that schools start to verify the citizenship status of students, and also criminalize any action to assist an illegal immigrant. Such actions could include knowingly hiring an illegal immigrant, providing housing for them, giving them a ride in a vehicle and various other activities. This would allow suspected illegal immigrants to be jailed by police after common traffic stops.

On Tuesday, September 06, 2011 Judge Blackburn decided to separate the cases back into three separate trials (after she originally combined the cases into one grouping for a hearing held two weeks ago). Attorneys involved with the case are hopeful that this is a sign that there will be a ruling before the end of the month.

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New Pro-Immigrant Rules Declared in the US

by admin on September 5, 2011

A few weeks ago the Obama Administration made an announcement that commenced a new round of vicious immigration debate in the United States. The administration stated that its deportation efforts will now focus on illegal immigrants that have criminal records and/or pose a threat to US national security. For those placed on the low-priority list, such as individuals with no criminal record, college students brought into the US as small children and military veterans or the spouses of active-duty military personnel, the rules also outline pathways to stay in the U.S. and potentially apply for a US work permit.

The Department of Justice and the Department of Homeland Security plan to review all deportation cases currently in removal proceedings, as well as any new cases that arise. The cases will be reviewed to determine if the individuals in danger of being deported meet the criteria detailed in a June 17 inter-agency memo.

This memo, from the director of the Immigration and Customs Enforcement division, instructed all staff members to use 19 factors when exercising the power of “prosecutorial discretion”. This is the discretion granted to an ICE attorney when determining how to proceed with an immigration case. The 19 factors include language used in the DREAM Act. However, the recent announcement by the Obama Administration goes several steps further than the initial memo. It has delineated a process for flagging and exempting some illegal immigrants from deportation proceedings.

With more than 300,000 cases in the system, the task of reviewing all cases will be handed to a team of attorneys and officials.

Pro-immigration activists immediately celebrated the news. Opponents of the new rules have branded the plan a large-scale amnesty program for illegal immigrants.

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Prenuptial Law in Europe, Australia and the UK

July 27, 2011

The rocky terrain of international prenuptial agreements is constantly changing.
The Hague Convention on the Law Applicable to Matrimonial Property Regimes of 1978 drafted provisions which addressed the problems of international prenuptial agreements. The provisions designated which country’s laws would govern the validity and enforcement of the international prenuptial agreement. The Hague Convention was signed and [...]

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The United States, United Kingdom and Canada Agree to Restrict Visas for Iranian Officials

July 18, 2011

On July 9th, the US Department of State released a statement reporting that the United Kingdom had joined the United States in imposing visa restrictions on citizens from Iran who have been implicated in human rights abuse cases.
Canada also released a statement that it would support these measures. The visa restrictions are mostly intended for [...]

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Updated: The Uniting American Families Act: Hope for LGBT Bi-national Couples

June 15, 2011

First posted on June 12, 2009: Previous Post regarding Uniting American Families Act
A kind reader has brought a recent update from USCIS on this matter to our attention. Although no changes have occurred in Thailand law regarding the legally recognized gender status of transgendered individuals, we have become aware that the USCIS has provided material [...]

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Militaries Families Act Introduced by US Senators

June 6, 2011

Americans recently celebrated the Memorial Day weekend, an occasion to honor those that have served in the American Armed Forces.
But what about the thousands of members of the US Armed Forces that happen to lack US citizenship? Regrettably, not all non citizen relatives of US military can enter and reside in the USA with their [...]

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Arizona Immigration Law Upheld by US Supreme Court

June 6, 2011

The US Supreme Court on Saturday issued a ruling to uphold The Legal Arizona Workers Act, a controversial law allowing the revocation of company licenses if a company is found to have knowingly hired an illegal immigrant. Also encompassed by this ruling is the requirement for Arizona employers to use the online E-Verify system to [...]

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New Utah Immigration Law Challenged on First Day of Enforcement

May 12, 2011

A new Immigration bill being enforced in Utah as of Tuesday grants police officers the right to request proof of citizenship of anyone they arrest. There is already a hearing concerning the new law scheduled on Tuesday afternoon, where the presiding judge may decide if the law should be enforced or not.
House Bill 497, as [...]

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US suspends visa operations from Pakistan

May 6, 2011

The United States has decided to suspend all visa operations from Pakistan. This announcement comes one day after Osama Bin Laden, head of international terrorist group Al Qaeda, was killed by US operatives in Pakistan.
The US Embassies in Islamabad and Karachi will remain open for emergency American citizen services and other types of business. The [...]

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US Facing Record Number of Visa Overstay cases

May 6, 2011

On May 3rd, REUTERS reported that the US-VISIT system had a recorded backlog of at least 1.6 million cases where visitors potentially overstayed the time limit issued for their US visa.
The system has been scrutinized by the U.S. Government Accountability Office, which found that several of the men responsible for hijacking the planes involved in [...]

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