Category: Paul Hunker
Paul Hunker Op-Ed: Judge Barker’s November 7 decision finding the Keeping Families Together parole in place (PIP) program illegal and the future of PIP
Some people have asked me what I think about Judge Barker’s November 7 decision finding the Keeping Families Together parole in place (PIP) program illegal and the future of PIP. Judge Barker’s district court decision is not precedential, and it is unlikely that the Department of Justice will appeal. Will USCIS under Trump 47 follow Judge Barker’s reasoning and find that noncitizens who were paroled in place were not really paroled? The bulk of PIP is Military PIP and Judge Barker indicated that the National Defense Appropriations Act for 2020 “colorably” authorized PIP for certain noncitizen relatives of members of ... Read more
Paul Hunker Op-Ed: legal responsibilities vis-à-vis immigration enforcement and noncitizens
After Boston’s mayor announced her refusal to cooperate with ICE’s deportation efforts, Tom Homan, the soon-to-be border czar under President Trump, criticized her decision as “not very smart” and suggested she should “get the hell out of the way.” Homan warned her about 8 U.S.C. § 1324, a provision of federal law that prohibits alien smuggling, harboring, and shielding from detection. Given the enhanced immigration enforcement of the Trump Administration, municipalities and other organizations are rightly concerned about their legal responsibilities vis-à-vis immigration enforcement and noncitizens. Municipalities are often as identified as “sanctuary cities” when they will not comply with ... Read more
Protect Your Business: I-9 Audits & Workforce Compliance Services
President elect Trump has stated that he will penalize U.S. employers who employ undocumented workers. DMCA has lawyers certified in immigration law by the Texas Board of Legal Specialization and a former Chief Counsel of U.S. Immigration and Customs Enforcement (ICE), now working as an attorney for DMCA. We can ensure that your company’s hiring practices do not violate the law and will defend you in the event a violation is found. Why I-9 Audits Are Crucial Every U.S. employer is required to complete an I-9 form for each employee hired. Paperwork violations and violations related to hiring or continuing ... Read more
SCOTUS Overturns Chevron: How will this impact rights of noncitizens?
By Paul Hunker The Supreme Court in Loper Bright overturned Chevron and the deference it accorded agency interpretation of the law. How will this impact the rights of noncitizens? Chevron ruled that if a federal law does not directly speak to the precise question at issue, courts should defer to the agency’s interpretation of the law if based on a permissible construction of the statute. This gave the Department of Homeland Security a big advantage in litigation. (Chevron was a nice arrow in my quiver when I represented DHS; grateful to SCOTUS for overruling it now that I am private ... Read more