Former Haitian rebel leader due in US court on drug charges
Headline Legal News
Minnesota's program for keeping sex offenders confined after they complete their prison sentences is constitutional, a federal appeals court ruled Tuesday, reversing a lower-court judge who said it violates offenders' rights because hardly anyone is ever released.
A three-judge panel of the 8th U.S. Circuit Court of Appeals sided with the state, which argued that the program is both constitutional and necessary to protect citizens from dangerous sexual predators who would otherwise go free. The appeals court sent the case back to the lower court for further proceedings.
Only six offenders are currently free on provisional releases from the Minnesota Sex Offender Program, even though it's more than 20 years old. That led U.S. District Judge Donovan Frank in 2015 to declare the program unconstitutional and order changes to make it easier for people to get on a pathway for release.
The Minnesota case has been closely watched by lawyers, government officials and activists in the 20 states with similar programs. While civilly committed offenders in California, Wisconsin, New Jersey and other states are allowed to re-enter society after completing treatment, Minnesota has the highest per capita lockup rate, and its courts didn't order the unconditional release of anyone from its program until August.
Minnesota's offenders are confined by court order for treatment at secure facilities in Moose Lake and St. Peter that are ringed by razor wire, though there's a section outside the wire at St. Peter for people who've progressed to the later stages of treatment and been given some limited freedoms. They're officially considered patients or residents, not prisoners. But the lawsuit filed on behalf of more than 700 offenders argued that the program amounts to a life sentence.
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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.