Blog: Think Immigration
We believe that immigration law is an integral part of America’s past, present and future. We also know that immigration law is complicated. Here you’ll find experts writing in an accessible way about immigration issues, from big, broad ideas down to specific cases. Our members bring knowledge they’ve gleaned from the daily practice of immigration law to this space and offer their expertise to readers.
Browse the Blog: Think Immigration collection
Think Immigration: Magic Mushrooms and Psychedelics are Still a Bad Trip for U.S. Immigration Purposes
AILA member W. Scott Railton discusses the potential consequences of possession or use of “magic mushrooms” for foreign nationals, writing that “Magic mushrooms and psychedelics are moving to the mainstream in some places, but the immigration laws are unlikely to catch up any time soon.”
Think Immigration: Add that to the Tab – Rising Costs to Tour the United States
The new fee schedule, taking effect April 1, 2024, will have an impact on visas and applications, including those for musicians and artists as Anthony Pawelski shares in this blog post for Think Immigration in which he highlights concerns about the chilling effect higher fees may have.
Think Immigration: The New Beneficiary-Centric H-1B Registration Process – Good News for Employees, Mixed Bag for Employers
AILA Supervisory Policy and Practice Counsel Michael Turansick breaks down the new H-1B visa registration process which has been significantly updated as USCIS tries to ensure the integrity of the system and a level playing field.
Speak Now or Forever Hold Your Peace
AILA member Maurice “Mo“ Goldman shares insights into why it feels the country is moving away from valuing its history as a “nation of immigrants“ and emphasizes the need for immigration attorneys and their clients to share their stories and shift the narrative.
25 Years Ago the State Department Recognized How Visa Consul and Immigration Counsel Can Work Together in the Visa Application Process
AILA member Liam Schwartz reflects on Department of State cable 99 State 21138 which was spearheaded by the late Stephen K. Fischel; the cable highlights the importance to the visa application process of the working relationship between consular officers and immigration attorneys.
The Mandatory Detention of Unlawful Entrants Seeking Asylum in the United States and the Due Process Protection
AILA Law Journal author Jim Nzoguma Mayua shares more about his article in the Fall 2023 edition of the journal, in which he discusses the legal uncertainty stemming from Supreme Court rulings denying asylum seekers due process protection.
Is Chevron Dead? Thoughts after Oral Arguments in Relentless, Inc. and Loper Bright Enterprises
Brian Green and Stephen Yale-Loehr describe the recent oral arguments in two SCOTUS cases which could dramatically affect federal agency review; it is yet unclear whether the decisions will hurt or help immigrants when challenging ambiguous agency decisions or interpretations.
A Bridge We Can All Cross
AILA members César Magaña Linares and Raquel Fernández—a Salvadoran Dreamer with TPS and a second generation Venezuelan American—call for intra-immigrant solidarity.
SCOTUS Hears Oral Arguments on Notice Requirements (Again)
In this blog post, AILA Policy and Practice Counsel Manolasya Perepa describes the recent SCOTUS consolidated oral arguments in Campos-Chavez v. Garland and Garland v. Singh and notes that “issues of improper notice pervade multiple aspects of the immigration system.“
How the “Internal Enemy” Label Forces Venezuelans to Flee Their Country
AILA Law Journal authors Emercio José Aponte and Andrea Paola Aponte share more about their article in which they discuss how the current authoritarian regime in Venezuela has been violating citizens' human rights and what that means for claims of asylum.
Take the First Step and Just Apply for the Maggio Fellowship!
Alejandra Arrieta, the 2023 Maggio Fellowship winner, describes how the fellowship offered opportunities to network and train in immigration law. 2024 fellowship applications are due by February 16.
No Fault/Technical Reasons: A Chronicle of Misfeasance Exposed
AILA Law Journal author Martin Robles-Avila highlights how a flawed rulemaking process has affected Nonimmigrant Status breaches and a quandary business immigration practitioners often find themselves in determining whether a client is eligible for adjustment of status.
FOIA Behind the Scenes – How USCIS and DOS Process Immigration-Related Requests
AILA member Alexandra Zaretsky describes how the International Refugee Assistance Project decided to find out how USCIS and the State Department process FOIA requests by filing a “meta-FOIA“ which unearthed some questionable agency policies of potential interest to others.
New England AILA Members Joined Community and Government in Helping Newcomers
AILA New England Chapter Chair Robin Nice describes the recent successful set of EAD clinics hosted in Massachusetts, where state and federal agencies worked together with local partners and volunteers “to address immigration issues in a cooperative, common sense, humane manner.“
Digging Into One Key Aspect of Refugee Designations
AILA Law Journal author Betsy Fisher shares more about her recent article published in the journal which reflects on the disappointing results she has seen in one kind of humanitarian program: Priority-2 (or P-2) refugee resettlement, and seeks to identify ways to best leverage P-2 resettlement.
Advancing Gender and Sex Equality in Asylum Protections
AILA Law Journal Author Elaine Wood shares a bit about her article entitled “Persecution Taxonomy: Adding Sex and Gender as Protected Grounds for Asylum“ in which she argues persuasively that revising the applicable language is now imperative to address contemporary concerns.
An Article I Immigration Court
Mimi Tsankov, President of the NAIJ, shares brief highlights of her article on the need for an independent Article I immigration court, featured in the Fall 2023 edition of the AILA Law Journal.
What’s Inside the Fall 2023 Edition of the AILA Law Journal?
Editor-in-Chief Cyrus Mehta describes the topics and issues covered in the Fall 2023 edition of the AILA Law Journal, highlighting the set of timely and important articles; the digital edition is available free to AILA members.
End-of-Year Reflection on the State Department’s FY23 Visa Processing Achievements and What Needs to Be Done Next
AILA Senior Policy Associate Paul Stern shares an end-of-year reflection on how the State Department's visa processing went in Fiscal Year 2023, and lays out the work that remains, including how Congress can help address the delays and backlogs permanently.
Let’s Put the H-2B Visa Category to Work!
Ally Bolour describes the H-2B visa program, which Congress enacted to meet the demand of U.S. businesses for temporary workers in non-agricultural occupations, and urges specific changes to make the program more effective and responsive to American employers' needs.
Potential Game-Changer Cases for Immigration Law at SCOTUS
AILA Members and litigation experts Brian Green and Stephen Yale-Loehr describe three SCOTUS cases that could have significant implications for the practice of immigration law; the legitimacy of the current U.S. immigration court system could be undermined depending on the rulings.
White House EAD Sprint Gives Immigrants in Need a Chance to Earn Their Dignity
NYC Chapter Chair Kushal Patel describes the whirlwind effort bringing together the White House, local government, non-profits, and volunteers to conduct a two-week EAD clinic in New York City to help migrants in shelters apply for work permits.
Welcome to Your Guide to PERM
Alexander Dgebuadze, longtime editor and author for AILA's Guide to PERM Labor Certification, offers insights into how things have changed over the years and what the latest PERM updates mean for you and your clients.
Celebrating All of Our Members This Pro Bono Week!
AILA Pro Bono Committee Member Jena Decker-Xu reflects on the importance of pro bono, using the AC pro bono clinic as one example of how “By using your legal expertise, and giving of your time, you can literally save lives, keep families together, help someone become eligible to vote, and so much mo
Decoding Administrative Processing Delays
Dominique Pando Bucci gives some insights into what the “administrative processing“ term means for those in the queue at the Department of State; a webinar on October 12, 2023 will dive into the issue further for interested AILA members.