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Department of Justice/EOIR
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Agency Memos, Cables, Letters & Guidance
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2012
2012
EOIR Updates Sections of Immigration Court Practice Manual
(526 KB - 11/16/2012)
EOIR 11/14/12 update of several different sections of the Immigration Court Practice Manual, including providing updated addresses for the Headquarters and Arlington Immigration Courts in Appendix A of the Practice Manual. AILA Doc. No. 12111652.
AILA Doc. No. 12111652.
OSC Technical Assistance Letter on Fraudulent Documents During Form I-9 Process
(1148 KB - 11/7/2012)
An 11/1/12 letter from DOJ Deputy Special Counsel Seema Nanda stating that if an employer knowingly accepts a fraudulent document during the employment verification process, the knowing acceptance of that fraudulent document may be deemed to have violated 8 U.S.C. § 1324a. AILA Doc. No. 12110755.
AILA Doc. No. 12110755.
OSC’s Website with List of MOAs and MOUs
(11/1/2012)
DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) website with its Memorandum of Agreement (MOA) with USCIS and Memoranda of Understanding (MOU) partnerships with U.S. government and state/municipal fair employment practices agencies. AILA Doc. No. 12110150.
AILA Doc. No. 12110150.
USCIS/EOIR Invitation to Stakeholder Engagement on Building the Capacity of Immigrant-Serving Organizations
(530 KB - 10/17/2012)
USCIS and EOIR invitation to a stakeholder engagement on 11/1/12 in Las Vegas, NV on how to become a recognized organization or accredited representative, including an overview of basic competencies necessary to seek recognition or accreditation. RSVP info included. AILA Doc. No. 12101740.
AILA Doc. No. 12101740.
OSC Technical Assistance Letter on DACA Hiring Process
(193 KB - 10/2/2012)
A 9/10/12 letter from DOJ Special Counsel Seema Nanda on whether those receiving deferred action for childhood arrivals (DACA) can be legally hired, and, if so, what documents constitute proof that they are authorized to work in the United States. AILA Doc. No. 12100222.
AILA Doc. No. 12100222.
OSC Technical Assistance Letter on Pre-Employment Visa Inquiries
(544 KB - 8/23/2012)
A 8/21/12 letter from DOJ Deputy Special Counsel Seema Nanda on whether software company can request visa status from jobseekers and provide visa information to employers inquiring about applicant's legal right to work in U.S. AILA Doc. No. 12082344.
AILA Doc. No. 12082344.
OSC Technical Assistance Letter on English Language Ability
(565 KB - 6/8/2012)
A 3/28/12 letter from DOJ Acting Deputy Special Counsel Seema Nanda states that Title VII may not be violated by employers who require English if such skills are considered a bona fide occupational qualification reasonably necessary to the normal operation of the business. AILA Doc. No. 12060842.
AILA Doc. No. 12060842.
OSC Technical Assistance Letter on Naturalization Anti-Discrimination Provisions
(901 KB - 6/13/2012)
A 5/30/12 letter from DOJ Acting Deputy Special Counsel Seema Nanda on when eligibility for naturalization begins for a lawful permanent resident as applied under the anti-discrimination provision. AILA Doc. No. 12061350.
AILA Doc. No. 12061350.
OSC Technical Assistance Letter Cautions Against Assuming Person Is Not Authorized to Work
(901 KB - 6/7/2012)
A 5/18/12 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on the I-9 process where a former employee reapplies for employment, presents a facially valid EAD, but the employer “has knowledge” that the individual is no longer in status. AILA Doc. No. 12060745.
AILA Doc. No. 12060745.
OSC Technical Assistance Letter on Discriminatory Staffing
(1144 KB - 5/16/2012)
A 5/2/12 letter from DOJ Acting Deputy Special Counsel Seema Nanda on how staffing companies should respond to employers who make discriminatory staffing requests based on citizenship status when they want "only U.S. citizens" and the job does not require citizenship. AILA Doc. No. 12051652.
AILA Doc. No. 12051652.
DOJ Releases Justice Management Division Language Access Plan
(490 KB - 5/7/2012)
DOJ memo outlining policy of the Justice Management Division to take reasonable steps to provide LEP persons with timely meaningful access to all Division conducted benefits, programs, or activities. AILA Doc. No. 12050740.
AILA Doc. No. 12050740.
DOJ “Clarifies and Corrects” Statements Made to the Supreme Court
(1905 KB - 4/25/2012)
Letter from Michael Dreeben, Deputy Solicitor General, to William Suter, Clerk of the Supreme Court, to “clarify and correct” statements made in
Nken v. Holder
. Includes DHS & DOS guidance on facilitating the return of noncitizens who prevail on judicial review. AILA Doc. No. 12042554.
AILA Doc. No. 12042554.
DOJ’s Office of Special Counsel Technical Assistance Letters
(4/10/2012)
The Office of Special Counsel provides written responses to requests for technical assistance regarding immigration-related unfair employment practices. Topics include non-discrimination practices, pre-employment inquiries, document abuse, SSN no-match, and more. AILA Doc. No. 12041046.
AILA Doc. No. 12041046.
OSC Technical Assistance Letter on Anti-Discrimination Provisions During I-9 Process
(724 KB - 2/9/2012)
A 2/6/12 letter from DOJ Acting Deputy Special Counsel Seema Nanda on general guidelines regarding employer compliance with the anti-discrimination provision of the Immigration and Nationality Act (INA) during the employment eligibility verification (Form I-9) process. AILA Doc. No. 12020949.
AILA Doc. No. 12020949.
EOIR Issues Memo on Select Applications for Suspension/Cancellation
(5536 KB - 2/6/2012)
A 2/3/12 memo (OPPM 12-01) from Brian M. O’Leary, Chief Immigration Judge, providing guidance on procedures for handling applications for suspension of deportation/cancellation of removal once numbers are no longer available in a fiscal year. This memo replaces OPPM 11-01. AILA Doc. No. 12020666.
AILA Doc. No. 12020666.