Federal appeals court to rehear Texas voter ID case

Legal Events

A federal appeals court will hold a new hearing on whether a Texas voter ID law has discriminatory effects on minorities ? a potential blow to the Obama administration's efforts to fight new ballot-box restrictions passed by conservative legislatures around the country.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled in August that the 2011 Texas law requiring 14.6 million registered voters to show picture identification at the polls violates parts of the federal Voting Rights Act. But an order issued late Wednesday says a majority of the full court, which currently has 15 members, voted to hear the case again.  

The order was issued without additional opinion, and a new hearing date hasn't been set.

Texas was allowed to enforce the voter ID law during elections in 2014 and during last week's primary. Supporters say it prevents fraud, but opponents argue its true intent is to make voting tougher for older, poor and minority voters who tend to support Democrats and are less likely to have the mandated forms of identification.

In a statement, state Attorney General Ken Paxton called the order "a strong step forward in our efforts to defend the state's Voter ID laws."

"We look forward to presenting our case before the full Fifth Circuit," said Paxton, a Republican who has been indicted on felony securities fraud charges stemming from actions he took before becoming attorney general in January 2015.

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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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