Overlawyered » immigration law

Great moments in immigration law (UK division)

Walter Olson — Sun, 05 May 2013 15:32:59 +0000

An immigration judge has ruled that the British government cannot deport convicted drug dealer Hesham Ali, who has never been in the country legally, because he has a girlfriend and making him leave would therefore violate his “right to family life” under the Human Rights Act [Telegraph]:

He convinced a judge he had a “family life” which had to be respected because he had a “genuine” relationship with a British woman – despite already having two children by different women with whom he now has no contact.

Ali also mounted an extraordinary claim that his life would be in danger in his native Iraq because he was covered in tattoos, including a half-naked Western woman – a claim which was only dismissed after exhaustive legal examination.

Meanwhile, Ted Frank argues that the case of the Tsarnaev family points up the longstanding problem of dubious or fraudulent asylum claims [Point of Law]

Tags: asylum law, immigration law, international human rights, United Kingdom

Great moments in immigration law (UK division) is a post from Overlawyered - Chronicling the high cost of our legal system

Eleventh Circuit slaps down Department of Labor power grab

Walter Olson — Thu, 04 Apr 2013 04:18:48 +0000

Once again a court has struck down an overreaching Obama administration regulation. This time it was the Eleventh Circuit that dismissed as “absurd” a Department of Labor rationale for asserting its regulatory authority over the H-2B guestworker program. I’ve got more details at Cato at Liberty.

Tags: administrative law, immigration law

Eleventh Circuit slaps down Department of Labor power grab is a post from Overlawyered - Chronicling the high cost of our legal system

February 17 roundup

Walter Olson — Sun, 17 Feb 2013 19:09:28 +0000

Federal taxpayers via National Cancer Institute grant dished out more than a million dollars to pay for laughable conspiracy-theory report smearing Tea Party [Hans Bader, more, Jacob Sullum on report from Stanton Glantz, whom we've often met before] “Rather than [being] a spontaneous popular phenomenon, opposition to the tea parties was nurtured by the government.” [@RameshPonnuru]
Ken on why the relentless overuse of the epithet “bullying” gets on his (and my) nerves [Popehat; Clark at Popehat on New York police chiefs who feel bullied because someone won't sell them guns]
On immigration, advocates of liberty can’t afford to ignore the future-polity angle [Eugene Volokh; Ilya Somin with a response]
More on that wretched State of the Union retread, the Paycheck Fairness Act [Hans Bader, Ted Frank, 2009 DoL study, earlier here, here, here, here, here, etc.] Other dud SOTU ideas: federally paid universal preschool [Andrew Coulson, related, more, related on minority kids' results, yet more, Neal McCluskey on public infant care, Tyler Cowen] minimum wage hike [Chris Edwards, Veronique de Rugy]
Woman sues fitness club over “sexually suggestive” exercises [CBS Dallas]
Silent witness: undeveloped state of law, police, insurance contribute to widespread Russian use of dashboard cams [WaPo]
Would-be assassin came dressed as postman: Danish free-speech advocate Lars Hedegaard interviewed [Spectator]

Tags: bullying, Denmark, guns, immigration law, Russia, traffic laws

February 17 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Loyalty oaths with religious affirmations…

Walter Olson — Mon, 28 Jan 2013 04:13:19 +0000

A prerequisite for a high school diploma in Arizona, if some lawmakers there get their way. [Mike Sunnucks, Phoenix Business Journal]

Tags: Arizona, immigration law, religious discrimination, schools

Loyalty oaths with religious affirmations… is a post from Overlawyered - Chronicling the high cost of our legal system

January 9 roundup

Walter Olson — Wed, 09 Jan 2013 04:06:24 +0000

Pittsburgh firm sued in W.V.: “Law Firm Hit With $429,000 Verdict Over Faked Asbestos Suits” [Daniel Fisher]
“Mashantucket tribal leaders indicted in theft” [Norwich Bulletin; My 2004 take on Connecticut's pioneering casino tribe]
New Mexico: “Booster Club Parents Fed up with Regs” [Saving Sports] No, you can’t blame football for Title IX-driven cuts at Mount St. Mary’s [same; University of Maryland Big Ten angle]
How about this compromise: Gannett publishes where gun owners live, but agrees to do so using Apple Maps.
On a more serious note, some thoughts on the efficacy of popular gun-control measures in preventing mass shootings [Steve Chapman, Larry Correia, Cato on gun control] “During our negotiations, it wasn’t the NRA that was opposed to putting the names of people receiving anti-psychotic medication into the Instant Check database…it was advocates for the mentally ill.” [Josh Tzuker quoted by Tom Coale]
“FBI Arrests 26 People for Immigration Fraud; 21 from Law Firms” [Legal Ethics Forum]
Would anyone notice if we abolished the Cabinet position of Secretary of Commerce? [Ira Stoll]

Tags: asbestos, Connecticut, guns, immigration law, Maryland, New Mexico, Pittsburgh, Title IX, West Virginia

January 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Labor and employment roundup

Walter Olson — Fri, 21 Dec 2012 04:07:25 +0000

McDonald’s worker complains she’s not paid $15/hour, but there’s a logical problem with that [David Henderson]
EEOC Phoenix office signs pact with Mexican consulates to curb discrimination against illegals [EEOC press release]
“Former Lawmaker (and Ex-Felon) Urges Connecticut To Ban Discrimination Against Felons in 2013″ [Daniel Schwartz]
Connecticut: “NLRB sues to reinstate union saboteurs at nursing homes” [Gehrke, DC Examiner, Schwartz, Jillian Kay Melchior/NRO, earlier on pols that enable the strikers] More: Ivan Osorio.
OSHA after clerk robbery: “handling money, working alone and standing behind open counters” expose employer to violations [OSHA press release]
“N.D. Ill.: Under ADAAA, Asthma Triggered by Strong Perfume Might Be Disability” [Bagenstos]
“Worker centers” allow organizers to dodge the legal responsibilities owed to workers by actual labor unions [Stefan Marculewicz and Jennifer Thomas, Fed Soc]

Tags: Connecticut, criminal records and hiring, EEOC, immigration law, labor unions, minimum wage, nursing homes, OSHA

Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Foreign talent: kill ‘em with disclosures

Walter Olson — Sun, 14 Oct 2012 16:54:00 +0000

The Department of Labor seems to be taking a new tack against employers of H-1B workers [Stuart Anderson, Forbes] Related: Alex Tabarrok.

More: “the U.S. is inexplicably telling the smartest immigrants to go home.” [Sam Gustin, Time via Alkon]

Tags: immigration law, workplace

Foreign talent: kill ‘em with disclosures is a post from Overlawyered - Chronicling the high cost of our legal system

Right to interpreter services at hospitals

Walter Olson — Fri, 07 Sep 2012 13:38:01 +0000

But is it truly a right? [Russell Saunders, League of Ordinary Gentlemen via White Coat]

Tags: hospitals, immigration law

Right to interpreter services at hospitals is a post from Overlawyered - Chronicling the high cost of our legal system

California Bar: illegal immigrant should be admitted to practice

Walter Olson — Fri, 22 Jun 2012 04:10:10 +0000

Among the trip-ups are that lawyers are sworn by oath to uphold the laws of the land; that federal law bars the granting of state professional licenses to illegals; that federal law makes it unlawful to offer employment to them; and that clients might find themselves in a pickle were their attorneys whisked away on zero notice to face deporation. Nonetheless, the California Bar is pressing ahead with its recommendation of Sergio C. Garcia, 35, of Chico. [ABA Journal, Howard Bashman roundup, Bookworm Room]

Tags: bar associations, California, immigration law, lawyers

California Bar: illegal immigrant should be admitted to practice is a post from Overlawyered - Chronicling the high cost of our legal system

International law roundup

Walter Olson — Fri, 11 May 2012 12:41:52 +0000

U.N. rapporteur lectures U.S. on Indian rights, calls for “some form of land restoration” [IPSNews] “So, the UN Wants the U.S. to Return Land to Indian Tribes…” [Claudia Rosett] In Chapters 10 and 11 of Schools for Misrule, I discuss the growing cooperation between Indian land-claim activists in this country and international organizations both within and without of the U.N. system. (More: I expand theme into a Daily Caller piece).
“Union Uses NAFTA To Fight Alabama Immigration Law” [Sean Higgins, IBD]
“UN hunger expert investigates Canada” [Hillel Neuer, National Post]“Everyone’s grievances can thus be transformed into human rights violations” [Jacob Mchangama and Aaron Rhodes, Freedom Rights Project, PDF]
Admittedly, at a “lefty Quaker school in the Northeast”: “You know international law is getting some traction when your fourth-grader is being taught about the Convention on the Rights of the Child.” [Peter Spiro, OJ]
New Third Circuit opinion in remanded U.S. v. Bond case, which tested limits of treaty power, could tee up issue for another SCOTUS outing [Spiro/OJ, FedSoc Blog, Liberty and Law; earlier]
“Canada’s Much Better and Very Different Alien Tort Statute” [Ku/OJ]
Implementation of United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) could draw inspiration from U.S. experience with institutional reform lawsuits [Michael Perlin via Bagenstos]

Tags: Alien Tort Claims Act, Canada, child, disabled rights, immigration law, Indian tribes, international human rights, international law

International law roundup is a post from Overlawyered - Chronicling the high cost of our legal system