01
ILT MAGAZINE l ISSUE NO.
05
ILT MAGAZINE
One
The Interview
of the biggest trends in Immigration Law has been the increase in Federal Litigation. Travel Bans, Improper Denials, and Agency Rule-Making led to a flurry of lawsuits and almost daily Federal Court decisions in all areas of Immigration Law.
Three of our colleagues and their firms decided to pool their resources to pursue impactful litigation, including hundreds of plaintiffs. Greg Siskind (Siskind Susser, P.C., Memphis, Tennessee), Jeff Joseph (Joseph & Hall P.C., Aurora, Colorado), and Charles Kuck (Kuck Baxter Immigration Partners LLC, Atlanta, Georgia). Out of this came great results, such as the K-1 delay lawsuit (MILLIGAN et al v. POMPEO) and injunction [limited to plaintiffs], forcing the National Visa Center to forward the case to the Embassies to schedule K-1 interviews in countries subject to the various Covid-19 bans. The decision in Milligan was especially interesting because of the powerful argument made by this trio regarding INA 212(f), which is a major basis of a president’s power to issue a travel ban. They argued that the statute does not prevent an Embassy or Consulate from issuing a Visa to an applicant subject to a ban; rather, it prevents their physical entry into the United States. Other lawsuits topics included challenges to the Department
of Labor’s new Prevailing Wage rule and a challenge on behalf of Diversity Visa lottery winners.
This groundbreaking cooperation made it easy for them to be chosen for the inaugural cover of the Immigration Lawyers Toolbox Magazine. The Immigration Bar, unlike other fields, is unique in its ability to put aside competitive urges to support clients and the larger cause. The following are snippets of an interview about their current and future work in this space.
“
[Immigration Lawyers Toolbox] Do you think the need for litigation will end or stop with the new president? [Greg Siskind] While we expect the new administration to be a breath of fresh air compared to the Trump years, we’re realistic enough to know that there will be instances where the White House and the agencies will overreach or fail to adjudicate cases in a reasonable and timely manner. Litigation will still be needed to ensure good government. [Jeff Joseph] I do not think that litigation will go away with a change in administration. While it is clear that the Biden administration has very different priorities when it comes to immigration policy, it is also true that Democrats have been, historically, very protective of the U.S. workforce, and so a Biden administration is likely to
The reality is that — litigation as a tool for immigration clients has always been around as an option — Now it is a necessity.
”
Charles Kuck, Esq. Kuck Baxter Immigration Partners CKuck@immigration.net
continue to push for changes in how the Department of Labor calculates wages for foreign workers. I would also not be surprised to see the Biden administration push for H1B reform as well as H2B and H2A reform. Depending on what changes are made, we may need to litigate to protect the viability of the H programs for employers. Additionally, there is still so much to unravel from the Trump administration that we are going to see significant backlogs