Business Immigration Insights

The Supreme Court's docket for its 2009-10 term includes two key immigration cases that will affect immigrants' access to legal counsel and the federal court system.  In Padilla v. Kentucky, which is set for October 13, the Court will decide whether a criminal defense attorney must advise a foreign-born client on how a criminal case will affect the client's immigration status, and what remedies the client may seek if an attorney gives incorrect advice.  In Kucana v. Holder, which is set for November 10, the Court will decide whether federal appeals courts have jurisdiction to review ...

On October 7, 2009, the Department of Homeland Security officially rescinded its August 2007 rule establishing "safe-harbor procedures" for employers who receive Social Security no-match letters.  These procedures never went into effect because a federal court in California issued a preliminary injunction against the rule after the AFL-CIO and other organizations filed suit.  The rescission reinstates the former rule on what constitutes "constructive knowledge" on the part of an employer that an employee is working without authorization.