|
|
|
Nursing homes struggle with Trump’s immigration crackdown
Legal PR |
2025/07/13 15:40
|
Nursing homes already struggling to recruit staff are now grappling with President Donald Trump’s attack on one of their few reliable sources of workers: immigration.
Facilities for older adults and disabled people are reporting the sporadic loss of employees who have had their legal status revoked by Trump. But they fear even more dramatic impacts are ahead as pipelines of potential workers slow to a trickle with an overall downturn in legal immigration.
“We feel completely beat up right now,” says Deke Cateau, CEO of A.G. Rhodes, which operates three nursing homes in the Atlanta area, with one-third of the staff made up of foreign-born people from about three dozen countries. “The pipeline is getting smaller and smaller.”
Eight of Cateau’s workers are expected to be forced to leave after having their Temporary Protected Status, or TPS, revoked. TPS allows people already living in the U.S. to stay and work legally if their home countries are unsafe due to civil unrest or natural disasters and during the Biden administration, the designation was expanded to cover people from a dozen countries, including large numbers from Venezuela and Haiti.
While those with TPS represent a tiny minority of A.G. Rhodes’ 500 staffers, Cateau says they will be “very difficult, if not impossible, to replace” and he worries what comes next.
“It may be eight today, but who knows what it’s going to be down the road,” says Cateau, an immigrant himself, who arrived from Trinidad and Tobago 25 years ago.
Nearly one in five civilian workers in the U.S. is foreign born, according to the Bureau of Labor Statistics, but as in construction, agriculture and manufacturing, immigrants are overrepresented in caregiving roles. More than a quarter of an estimated 4 million nursing assistants, home health aides, personal care aides and other so-called direct care workers are foreign born, according to PHI, a nonprofit focused on the caregiving workforce.
The aging of the massive Baby Boom generation is poised to fuel even more demand for caregivers, both in institutional settings and in individuals’ homes. BLS projects more growth among home health and personal care aides than any other job, with some 820,000 new positions added by 2032.
Nursing homes, assisted living facilities, home health agencies and other such businesses were counting on immigrants to fill many of those roles, so Trump’s return to the White House and his administration’s attack on nearly all forms of immigration has sent a chill throughout the industry.
Katie Smith Sloan, CEO of LeadingAge, which represents nonprofit care facilities, says homes around the country have been affected by the immigration tumult. Some have reported employees who have stopped coming to work, fearful of a raid, even though they are legally in the country. Others have workers who are staying home with children they have kept out of school because they worry about roundups. Many others see a slowdown of job applicants.
Rachel Blumberg, CEO of the Toby and Leon Cooperman Sinai Residences in Boca Raton, Florida, has already lost 10 workers whose permission to stay in the U.S. came under a program known as humanitarian parole, which had been granted to people from Cuba, Haiti, Nicaragua and Venezuela. She is slated to lose 30 more in the coming weeks with the end of TPS for Haitians.
“I think it’s the tip of the iceberg,” says Blumberg, forecasting further departures of employees who may not themselves be deported, but whose spouse or parent is.
Blumberg got less than 24 hours’ notice when her employees lost their work authorization, setting off a scramble to fill shifts. She has already boosted salaries and referral bonuses but says it will be difficult to replace not just aides, but maintenance workers, dishwashers and servers.
“Unfortunately, Americans are not drawn to applying and working in the positions that we have available,” she says.
Front-line caregivers are overwhelmingly female and a majority are members of minority groups, according to PHI, earning an average of just $16.72 hourly in 2023.
Long-term care homes saw an exodus of workers as COVID made an already-challenging workplace even more so. Some facilities were beginning to see employment normalize to pre-pandemic levels just as the immigration crackdown hit, though industry-wide, there is still a massive shortage of workers.
Some in the industry have watched in frustration as Trump lamented how businesses including farming and hospitality could be hurt by his policies, wondering why those who clean hotel rooms or pick tomatoes deserve more attention than those who care for elders. Beyond rescinded work authorizations for people living in the U.S., care homes are having difficulty getting visas approved for registered nurses and licensed practical nurses they recruit abroad.
What used to be a simple process now stretches so long that candidates reconsider the U.S. altogether, says Mark Sanchez, chief operating officer of United Hebrew, a nursing home in New Rochelle, New York.
“There are lines upon lines upon lines,” says Sanchez, “and now they’re saying, ‘I’m going to go to Canada’ and ‘I’m going to go to Germany and they’re welcoming me with open arms.’”
Looking around a facility with a majority-immigrant staff, the son of Filipino immigrants wonders where his future recruits will come from.
“I don’t have ICE coming in my door and taking my people,” Sanchez says, “but the pipeline that was flowing before is now coming in dribs and drabs.”
Long-term care workers are routinely lured away not just by hospitals and doctors’ offices, but restaurants, stores and factories. Half of the average nursing home’s staff turns over each year, according to federal data, making the attraction and retention of every employee vital to their operation.
Robin Wolzenburg of LeadingAge in Wisconsin began working to place an influx of people from Afghanistan after the U.S. pulled out its final troops four years ago and thousands of refugees arrived in her state. Care homes began hiring the refugees and were so delighted with them, some facilities began hiring refugees who arrived from Ukraine, Somalia and Congo. Though many homes had employee retention rates around 30%, Wolzenburg said the figure was above 90% with refugees.
|
|
|
|
|
|
What’s next for birthright citizenship after the Supreme Court’s ruling
Legal PR |
2025/06/28 15:20
|
The legal battle over President Donald Trump’s move to end birthright citizenship is far from over despite the Republican administration’s major victory Friday limiting nationwide injunctions.
Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent.
The high court’s ruling sends cases challenging the president’s birthright citizenship executive order back to the lower courts. But the ultimate fate of the president’s policy remains uncertain.
Here’s what to know about birthright citizenship, the Supreme Court’s ruling and what happens next.
What does birthright citizenship mean?
Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally.
The practice goes back to soon after the Civil War, when Congress ratified the Constitution’s 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship.
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states.
Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents’ legal status.
It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats.
Trump has long said he wants to do away with birthright citizenship
Trump’s executive order, signed in January, seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It’s part of the hardline immigration agenda of the president, who has called birthright citizenship a “magnet for illegal immigration.”
Trump and his supporters focus on one phrase in the amendment — “subject to the jurisdiction thereof” – saying it means the U.S. can deny citizenship to babies born to women in the country illegally.
A series of federal judges have said that’s not true, and issued nationwide injunctions stopping his order from taking effect.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,” U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom.
In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s interpretation of birthright citizenship.
Is Trump’s order constitutional? The justices didn’t say
The high court’s ruling was a major victory for the Trump administration in that it limited an individual judge’s authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president’s authority with rulings blocking his priorities around immigration and other matters.
But the Supreme Court did not address the merits of Trump’s bid to enforce his birthright citizenship executive order.
“The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges’ decisions on the merits, but on the scope of relief,” said Jessica Levinson, a Loyola Law School professor.
Attorney General Pam Bondi told reporters at the White House that the administration is “very confident” that the high court will ultimately side with the administration on the merits of the case.
Questions and uncertainty swirl around next steps
The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps.
The Supreme Court’s ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump’s order.
But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor.
“It’s not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,” said Malveaux, who had urged the high court not to eliminate the nationwide injunctions.
|
|
|
|
|
|
Trump Seeks Supreme Court Approval to End Protections for Venezuelans
Legal PR |
2025/05/15 17:55
|
The Trump administration on Thursday asked the Supreme Court to strip temporary legal protections from 350,000 Venezuelans, potentially exposing them to being deported.
The Justice Department asked the high court to put on hold a ruling from a federal judge in San Francisco that kept in place Temporary Protected Status for the Venezuelans that would have otherwise expired last month.
The status allows people already in the United States to live and work legally because their native countries are deemed unsafe for return due to natural disaster or civil strife.
A federal appeals court had earlier rejected the administration’s request.
President Donald Trump’s administration has moved aggressively to withdraw various protections that have allowed immigrants to remain in the country, including ending TPS for a total of 600,000 Venezuelans and 500,000 Haitians. TPS is granted in 18-month increments.
The emergency appeal to the high court came the same day a federal judge in Texas ruled illegal the administration’s efforts to deport Venezuelans under an 18th-century wartime law. The cases are not related.
The protections had been set to expire April 7, but U.S. District Judge Edward Chen ordered a pause on those plans. He found that the expiration threatened to severely disrupt the lives of hundreds of thousands of people and could cost billions in lost economic activity.
Chen, who was appointed to the bench by Democratic President Barack Obama, found the government hadn’t shown any harm caused by keeping the program alive.
But Solicitor General D. John Sauer wrote on behalf of the administration that Chen’s order impermissibly interferes with the administration’s power over immigration and foreign affairs.
In addition, Sauer told the justices, people affected by ending the protected status might have other legal options to try to remain in the country because the “decision to terminate TPS is not equivalent to a final removal order.”
Congress created TPS in 1990 to prevent deportations to countries suffering from natural disasters or civil strife.
|
|
|
|
|
|
Jury begins deliberating in UK trial of men accused of felling Sycamore Gap tree
Legal PR |
2025/05/09 19:55
|
Jurors began deliberating Thursday in the case of two men charged with cutting down the Sycamore Gap tree that once stood along the ancient Hadrian’s Wall in northern England.
Daniel Graham, 39, and Adam Carruthers, 32, have pleaded not guilty to two counts each of criminal damage. The former friends each testified that they were at their separate homes that night and not involved.
Justice Christina Lambert told jurors in Newcastle Crown Court to take as long as they need to reach unanimous verdicts in the trial that began April 28.
The tree was not Britain’s biggest or oldest, but it was prized for its picturesque setting along the ancient wall built by Emperor Hadrian in A.D. 122 to protect the northwest frontier of the Roman Empire.
The tree was long known to locals but achieved international fame in Kevin Costner’s 1991 film “Robin Hood: Prince Of Thieves.” It sat symmetrically between two hills along the historic wall and was a draw for tourists, landscape photographers and those taking selfies for social media.
Prosecutors said the tree’s value exceeded 620,000 pounds ($830,000) and damage to the wall, which is a UNESCO World Heritage Site, was assessed at 1,100 pounds. Andrew Gurney, a lawyer for Carruthers, said Graham’s story didn’t add up and he was projecting his guilt on his former friend.
“Is that a plausible chain of events or is that the desperate story of a man caught out?” Gurney said.
Wright mocked the duo’s defense, saying common sense and a trail of evidence should lead jurors to convict them for their “moronic mission.”
Prosecutors showed grainy video from Graham’s phone of the tree being cut down — a video sent shortly afterward to Carruthers’ phone. Metadata showed it was taken at the tree’s location in Northumberland National Park. Data showed Graham’s Range Rover had traveled there.
Wright said he couldn’t say who cut the tree and who held the phone, but the two were the only people in the world who had the video on their devices.
Text and voice messages exchanged the following day between Carruthers and Graham captured their excitement as the story went viral.
|
|
|
|
|
|
Supreme Court sides with the FDA in its dispute over vaping products
Legal PR |
2025/04/15 18:34
|
The Supreme Court on Wednesday ruled for the Food and Drug Administration in its crackdown on sweet-flavored vaping products following a surge in teen electronic cigarette use.
But the justices’ unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President Donald Trump has promised to “save” vaping.
The high court ruled that the FDA, during President Joe Biden’s administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like “Jimmy The Juice Man in Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies.” The products are heated by an e-cigarette to create an inhalable aerosol.
Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision “a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis.”
The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law.
It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting.
But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law.
While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company’s marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court.
Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes “in the great harm reduction potential” of the products and plans to continue litigation.
The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton’s favor.
|
|
|
|
|
Law Firm & Attorney Directory |
Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
Lawyer & Law Firm Directory |
|
|