Bench & Bar March/April 2026

Awareness of immigration law is essential not only for ethical and professional reasons but also for ensuring that legal services are competent, comprehensive, and responsive to the diverse needs of clients in a globalized society. While no non-immigration attor ney is expected to master every nuance of immigration law, a working understanding of immigration concepts and processes is critical. Such awareness empowers attor neys to safeguard their clients, navigate intersecting practice areas, and contribute meaningfully to cases where immigration issues arise.

due process concerns regarding notice and opportunity to contest third country removal decisions, prompting injunctions and ongoing legal challenges over proce dural safeguards. 27 PRACTICAL IMPLICATIONS FOR NON-IMMIGRATION ATTORNEYS Even attorneys who do not plan to practice immigration law will encounter immigra tion issues in many contexts. Recognizing these intersections allows attorneys to provide competent advice, identify risks, and make timely referrals to immigration specialists. Non-immigration attorneys should develop a network of competent immigration counsel for timely referrals. Even a basic understanding of immigration categories, status distinctions, and relief mechanisms allows attorneys to: • Identify cases with immigration implications early. • Advise clients of risks associated with legal actions. By integrating this knowledge into prac tice, attorneys reduce ethical risks, improve client outcomes, and maintain professional competence in an increasingly intercon nected legal environment. CONCLUSION Immigration law is a multifaceted and dynamic area of legal practice that touches nearly every field of law. Its complexity arises not only from the breadth of statu tory and regulatory provisions but also from the constantly changing policy landscape, evolving enforcement priorities, and diverse legal statuses of foreign nationals in the United States. Even if immigration matters are tangential to a practice area, attorneys equipped with this foundational knowledge are better prepared to: • Identify cases with immigration implications early. • Advise clients of risks associated with legal actions. • Coordinate with immigration specialists to protect clients’ legal rights. • Coordinate with immigration specialists to protect clients’ legal rights.

ABOUT THE AUTHOR GUION JOHN STONE grew up in Paducah and is currently an assistant clini cal professor at the University of Kentucky

J. David Rosenberg College of Law. A graduate of Transylvania University, Johnstone received a joint JD/MSSW from the University of Louisville. She was admitted to the Kentucky Bar in 2011.

ENDNOTES 1 Stephanie Kramer and Jeffrey S. Passel, Key Findings about U.S. Immigrants (Pew Research Center, 2025). 2 Congressional Research Service, Citizenship and Immigration Statuses of the U.S. Foreign Born Population (2024). 3 Jeffrey S. Passel and Jens Manuel Krogstad, U.S. Unauthorized Immigrant Population Reached a Record 14 Million in 2023 (Pew Research Center, 2025). 4 Passel and Krogstad, U.S. Unauthorized Immigrant Population . 5 “How Pew Research Center Estimates the Number of Unauthorized Immigrants,” Pew Research Center (2025). 6 Migration Policy Institute, Frequently Requested Statistics on Immigrants and Immigration in the United States (Washington, DC: MPI, 2025). 7 U.S. Department of State, Foreign Affairs Manual (9 FAM 401.1 3(E)): Residence Abroad Requirement for Nonimmigrant Visas (U.S. Department of State, 2025). 8 U.S. Department of Homeland Security, Lawful Permanent Resident (LPR) Annual Flow Report (Office of Homeland Security Statistics, 2024). 9 U.S. Department of Homeland Security, Lawful Permanent Residents Annual Flow Report: Fiscal Year 2023 (Office of Homeland Security Statistics, 2024). 10 Congressional Research Service, Citizenship and Immigration Statuses of the U.S. Foreign Born Population (2024). 11 Immigration and Nationality Act § 204; Department of Homeland Security regulations. 12 Immigration and Nationality Act § 101(a)(42); definitions of refugee and asylee. 13 U.S. Citizenship and Immigration Services, Refugees and Asylees: Adjustment to Permanent Residence (2025). 14 U.S. Department of Homeland Security, Temporary Protected Status: Overview and Current Designations (2025). 15 U.S. Citizenship and Immigration Services, Consideration of Deferred Action for Childhood Arrivals (2025). 16 INA § 101(a)(15)(U); U.S. Department of Homeland Security, U Visa for Victims of Certain Crimes . 17 INA § 204(a); U.S. Citizenship and Immigration Services, VAWA Self-Petition Guidance (2025). 18 INA § 101(a)(27)(J); U.S. Citizenship and Immigration Services, Special Immigrant Juvenile Status (2025). 19 Congressional Research Service, Nonimmigrant Overstays: Overview and Policy Issues , CRS Report R47848 (Washington, D.C.: Library of Congress, 2023). 20 Jens Manuel Krogstad and Jeffrey S. Passel, Visa Overstays Account for 42 Percent of Unauthorized Immi grants in 2014 (Pew Research Center, 2015). 21 Pew Research Center, Top Countries of Origin for Unauthorized Immigrants (2025). 22 INA § 239; Department of Homeland Security regulations. 23 American Immigration Council, The Role of Attorneys in Removal Proceedings (2023). 24 TRAC Immigration, Syracuse University, Representation Matters: Immigration Court Outcomes (2024). 25 Migration Policy Institute, Third-Country Removals and Expedited Removal Policies (2025). 26 American Immigration Council, What Are Third Country Removals? Understanding Their Use in U.S. Immigration Policy (Dec. 2025). 27 D.V.D. v. U.S. Department of Homeland Security , No. 25 10676 BEM (D. Mass. 2025).

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