Author Archives: Frank Rizzo

The Trump administration urged the First Circuit to throw out an injunction enforcing due process protections for immigrants facing deportation to third countries, saying the U.S. Supreme Court concluded the government is likely to succeed on the merits of the challenge.

Government attorneys told the D.C. Circuit that a lower court's injunction stopping President Donald Trump from restricting asylum at the southern border is based on a "stingy" interpretation of his authority, warning that if it's left to stand, it could thwart border security efforts.

Third Circuit Nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.

The Employment and Training Administration of the Department of Labor (DOL) is issuing this notice to announce updates to the Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates DOL has determined must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment so that the wages and working conditions of workers in the United States (U.S.) similarly employed will not be adversely affected. In this notice, DOL announces the AEWRs based on wage data reported by DOL's Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey. The AEWRs established in this notice are applicable to H-2A job opportunities classified: (1) in Standard Occupational Classification (SOC) codes other than the six SOC codes comprising the field and livestock workers (combined) group, and (2) in the field and livestock workers (combined) occupational group that are located in States or regions, or equivalent districts or territories, for which the United States Department of Agriculture's (USDA) Farm Labor Report (better known as the Farm Labor Survey, or FLS) does not report a wage.

The U.S. Department of Education (Department) issues this interpretation to revise and clarify its position on the classification of certain Department programs providing "Federal public benefits," as defined in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. The Department concludes that the postsecondary education programs and "other similar benefit" programs described within this interpretive rule, including adult education programs authorized under Title II of the Workforce Innovation and Opportunity Act of 2014, postsecondary career and technical education programs under the Carl D. Perkins Career and Technical Education Act of 2006, and other programs when used to fund postsecondary learning opportunities, provide federally funded forms of assistance that constitute "Federal public benefits" subject to PRWORA's citizenship verification requirements. The interpretation also revokes and supersedes certain aspects of the Department's previously issued Dear Colleague Letter (DCL) of November 19, 1997, which mischaracterized these programs as not affected by PRWORA, for the reasons described further within this notice.

A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.

Mahmoud Khalil, the Columbia University graduate and pro-Palestinian activist whom immigration officials are seeking to deport, is pursuing $20 million in damages for allegedly malicious prosecution and abuse of process, the Center for Constitutional Rights announced Thursday.