Judge refuses to order remote access to New Hampshire House
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The New Hampshire House can proceed with in-person sessions this week without providing remote access to medically vulnerable lawmakers, a federal judge ruled Monday.
Seven Democratic lawmakers sued Republican House Speaker Sherm Packard last week arguing that holding in-person sessions without a remote option violates the Americans with Disabilities Act and the state and federal constitutions, and forces them to either risk their lives or abandon their duties as elected officials.
They sought a preliminary order requiring remote access, but U.S. District Court Judge Landya McCafferty denied their request. Without ruling on the merits of the case, she said the speaker can’t be sued for enforcing a House rule that is “closely related to core legislative functions.”
“While today’s ruling is a setback, history will judge New Hampshire House Democrats favorably for standing for public health and democracy during this pandemic,” said House Democratic Leader Renny Cushing, one of the suit’s plaintiffs. “Unfortunately, this case has exposed the callous indifference of House Republican leadership toward our most vulnerable members during the COVID-19 crisis that has taken the lives of a half a million Americans.”
Since the start of the coronavirus pandemic, the 400-member House has met several times at the University of New Hampshire ice arena, outside on a UNH athletic field, and - after former Speaker Dick Hinch died of COVID-19 - from their cars in a parking lot. The sessions scheduled for Wednesday and Thursday will be held at a sports complex in Bedford that offers more space to spread out than the previous facilities, as well as separate entrances for members from opposing parties.
“We will continue to work with all House members to ensure that if they choose to attend any legislative meeting in person, that they can be confident that we are taking a high degree of precaution, and have extensive health and safety measures in place,” Packard said in a statement.
But Cushing said ruling makes clear that the speaker is “solely to blame for active and obvious exclusion of members of the House.”
“As we teach our children, just because you can do something does not mean you should,” he said.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.