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Gender-Based Distinction for Acquiring U.S. Citizenship through Parents Held Unconstitutional

June 15, 2017|Contributed by: Courtney Sommer

Until just a few days ago, individuals born abroad to U.S. citizen parents faced different standards in acquiring their U.S. citizenship depending on whether their mother or their father were U.S. citizens. Under section 309 of the Immigration and Nationality Act (INA), if you were born abroad...

Denver ICE To Continue “Chilling” Practice of Making Courthouse Arrests. (Plus, What Is a U Visa, and Could I Be Eligible?)

June 9, 2017|Contributed by: Jennifer Howard

In April, following the appearance of U.S. Immigration and Customs Enforcement (ICE) agents near a charter high school in west Denver and at the Lindsey-Flanigan Courthouse in downtown Denver, Colorado, Mayor Hancock and a number of other city and county leaders sent a letter to the local ICE...

New CBP Program Will Remind Travelers of their Departure Date

June 8, 2017|Contributed by: Alexander D. McShiras, Esq.

Customs and Border Protection, (“CBP”) is implementing a new program to remind certain travelers of their last possible departure date from the United States. CBP will start the program for travelers eligible for the visa waiver program (“VWP”). CBP plans to expand this program to other...

Block on Trump Travel Ban Upheld and Why Having a Lawyer in Immigration Matters, Matters

May 30, 2017|Contributed by: Jennifer Howard

On Thursday, May 25, 2017, the 4th Circuit Court of Appeals in Virginia upheld the block of Trump’s travel and refugee ban to prevent it from being implemented. The executive order in question, issued in late January by the newly-instated head of state, resulted in hundreds of people being...

Denver Passes Sentencing Changes to Help Immigrants

May 26, 2017|Contributed by: Courtney Sommer

The Denver City Council unanimously voted to pass a proposal that could help immigrants facing low-level city court criminal sentences. Before this proposal was passed, the Denver city code allowed for a maximum penalty of one year in jail for any city ordinance violation. The new code will divide...

Denver Reforms Criminal Sentences to Protect Low Level Offenders from Deportation

May 25, 2017|Contributed by: Aaron C. Hall, Esq.

The maximum possible sentence for a criminal offense often impacts the potential immigration consequences for conviction. In particular, whether an offense has the potential to render a noncitizen deportable may depend on whether the maximum possible sentence is one year or longer under 8 U.S.C. §...

H2-B Cap Reached For FY 2017 in Less Than Six Months

May 25, 2017|Contributed by: Alexander D. McShiras, Esq.

The H-2B cap for Fiscal Year 2017 (October 1, 2016 - September 30, 2017) was reached on March 13, 2017 (in less than six months). From January 1-7, 2017, the Department of Labor (DOL) received 2,971 applications requesting more than 51,000 positions for the 33,000 H-2B visas available for the...

Spending Bill Includes Relief and Increased Numbers for H2B Employers

May 2, 2017|Contributed by: Jeff D. Joseph, Esq.

Congress has reached a bipartisan agreement on a bill to fund the federal government through September 30, 2017, which includes some limited H-2B cap relief.  The bill provides the Secretary of Homeland Security, in consultation with the Secretary of Labor, the authority to raise the H-2B cap when...

San Francisco Federal Court Judge Issues Preliminary Injunction Against “Sanctuary City” Portion of Executive Order

April 27, 2017|Contributed by: Courtney E. Butler, Esq.

A federal district court judge in the United States District Court for the Northern District of California has issued a nationwide preliminary injunction blocking the enforcement of President Trump’s executive order targeting “sanctuary cities.” This is the second successful legal challenge...

No Path for SSNs: Measure to Extend Colorado Driving Privileges to Undocumented Residents Stalled in Senate Committee Vote — Again.

April 27, 2017|Contributed by: Jennifer Howard

Under current state law, a Colorado resident who cannot provide proof of lawful presence in the United States can make an appointment* with the state Department of Motor Vehicles (DMV) to obtain a “special” Colorado driver’s license, permit, or identification (ID) card. These licenses,...

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