Court blocks planned executions, prompting state challenge

Headline Legal News

On the eve of what Arkansas officials hoped will be the state's first executions in more than a decade, they faced off with death-row inmates in multiple legal battles over whether these lethal injections would take place as scheduled.

At the heart of the fight is an unprecedented flurry of executions that have pushed Arkansas to the forefront of the American death penalty at a time when states are increasingly retreating from the practice. Arkansas Gov. Asa Hutchinson (R) scheduled eight lethal injections to take place over an 11-day window, a pace unmatched in the modern era, which he defended as needed because one of the state's drugs is expiring this month and no replacement could be guaranteed amid an ongoing shortage.

Hours before the first execution was scheduled to begin, fights continued on several fronts in state and federal court, and Arkansas and death-row inmates both notched legal victories Monday -- one halting the executions, another removing a roadblock to carrying them out at a later time.

The Arkansas Supreme Court on Monday afternoon narrowly stayed the two executions scheduled to take place later that night, which came after a federal judge had previously issued an order over Easter weekend staying all the executions. Other court orders had also blocked individual executions and barred the state from using one of its lethal-injection drugs.

After the Arkansas Supreme Court on Monday afternoon stayed two scheduled executions without explanation, Leslie Rutledge (R), the state's attorney general, promised to quickly seek a review of what she described as a flawed decision.

Rutledge filed a motion with the U.S. Supreme Court seeking to vacate one of the two stays. Judd Deere, a spokesman for Rutledge, said she decided not to appeal the other lethal injection, which the Arkansas Supreme Court had previously stayed last week, because the state rejected her appeal against that first stay and then handed down a second one.

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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.

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