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| 5. News from the Courts: | ||
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U.S. Agrees to New Rules for Immigration Raids The New York Times reports that federal authorities have agreed to establish new policies regarding the conduct of immigration officers during raids, including restrictions on how and when agents can enter private homes. The rules are included in a settlement that was approved by a Federal District Court judge concluding a six-year-old class-action lawsuit. The suit contended that in eight raids in 2006 and 2007, without court warrants or other legal justification, Immigration and Customs Enforcement (ICE) agents forced their way into the homes of Latino families on Long Island and in Westchester County. The settlement also ordered the federal government to pay $1 million in damages and fees $36,000 to each plaintiff and the rest to cover lawyers' fees. Brian Hale, a spokesman for ICE, said the agency had no comment on the settlement.
The raids were among hundreds conducted in the New York metro region and across the country as part of national enforcement operations intended to catch and deport dangerous criminals, and immigrants previously ordered to leave the country. The raids were widely criticized, even by local officials. It caused many lawsuits, most of which have been resolved, though the latest settlement appeared to be the only one that has required federal policy changes. Immigration agents needing consent to enter a private resident will now have to seek permission in a language spoken by the resident. Agents must also get consent from residents to enter the yards and other private outside areas adjoining their homes.
***** USCIS Resumes Decisions of H-2B Petitions The U.S. Citizenship and Immigration Services (USCIS) has resumed processing all H-2B petitions for non-agricultural workers. On March 22, 2013, USCIS temporarily suspended decisions on H-2B petitions while the government decided on an appropriate action in response to a March 21, 2013 court order (Comite de Apoyo a los Trabajadores Agricolas et al v. Solis). The court order granted a permanent injunction against operating under the Department of Labor's (DOL) 2008 wage rule as it relates the Bureau of Labor Statistics Occupational Employment Statistics (OES) wage determinations. The court order gave the DOL 30 days to come into compliance with the order.
On April 24, 2013, the Department of Homeland Security and the Department of Labor jointly published an Interim Final Rule (IFR), Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2, in the Federal Register. The IFR revises wage determinations used by the DOL to pay H-2B workers. Employers are required to pay the new wages for any work performed on and after the date the employer receives the new prevailing wage information from DOL.
http://www.aila.org/content/default.aspx?docid=44196 ***** Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | ||
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