Kuck Baxter Immigration—In The News

Mr Kuck is managing partner at Kuck Baxter Immigration LLC. Mr Kuck is a past national president of the American Immigration Lawyers Association, and a past president of the Alliance of Business Immigration Lawyers. He was again named one of the top five corporate immigration attorneys in the world by Chambers and Partners in 2019. Mr Kuck has been listed for more than 20 years in Best Lawyers in America and as a Georgia “Super Lawyer”. Mr Kuck frequently appears in national and international media speaking about US immigration law issues, and is a veteran advocate for employers, immigrant investors, visa applicants and asylum seekers.

Describe your career to date.

I just celebrated my 30th year of practice in immigration law and, looking back, it is clear that I have had the wonderful opportunity to assist thousands of people, employers, investors, and families achieve what many call the “American Dream.” I consider myself blessed for this opportunity, because every day I get to help people become something more than what they were. There is rarely anything better than helping others achieve success.

What did you find most challenging about entering the corporate immigration field?

Currently, the greatest challenge is the shifting sands of what was a strong foundation of immigration law. Today, requirements change without notice or an explanation or rationale. What worked last year, does not satisfy this year, and it has made advising corporate clients and their employees exceptionally difficult. The current US Administration is nothing short of nativist in its current approach to immigration policy, and I fear that it will result in a great loss for our country.

What differences has the Trump administration made to corporate immigration legal practice?

The Trump administration has invited into its immigration leadership and oversight individuals with long ties to anti-immigration and nativists groups whose sole goal is the elimination of immigration, both legal and undocumented, to the United States. Many of these people pine for the days of the race-based immigration quota system that ruled America from the 1924 to 1965. Because of this ideology, they view every policy, every regulation, and every application as one that must be manipulated, changed, and denied to achieve that goal, since Congress will never return to that terrible legislation.

What, in your opinion, can be done to redress current issues? Well, this question answers itself. Besides being forceful in litigation, which I have been doing for 30 years to hold the government accountable for bad decisions and bad policies, the only other thing we can do is vote!

How has your experience as national president of the American Immigration Lawyers Association enhanced your work in private practice?

By serving my fellow immigration lawyers for the years that I did, I had not only the opportunity to understand different types of practice, lawyering styles, and management, but also the privilege to get to know some of the greatest immigration lawyers of our age from around the world. With a quick phone call, I can access knowledge, wisdom, and understanding of wildly complex legal issues to bring to bear for our clients and our firm.

You have highlighted to us that more people are practising immigration law than ever before in the US. How is this impacting the market and your work?

The one thing that has remained true over my 30 years of practice is that there are always more clients than there are lawyers to serve them. So even though there are more immigration lawyers than there have ever been, there is also more work, more complex problems and more need for creative solutions than ever before. And, I recognise the enormous contributions of these lawyers to moving all of us forward to a better immigration system.

Sources have noted a huge increase in surprise audits and investigations by HIS (Homeland Security Investigations) for employment verification purposes. How has this affected the nature of the work you have been receiving?

We are seeing far more “I-9” audits than ever before, but interestingly, many of these audits are NOT turning up any substantive violations. The administration, instead of using smart targeting of what remain limited resources, is using a shotgun approach and conducting many of these audits against employers who properly complete the forms and process. So, while the number of audits has increased, and the overall costs of responding to and defending these audits has increased, the actual effect on the US workforce remains negligible. It seems, sometimes, to be nothing more than a political show, when the resources used here could be better used to combat human trafficking, actual immigration fraud and serious crime.

What effect do you think technology, such as artificial intelligence, will have on corporate immigration practice over the next few years?

I have several colleagues who are greatly concerned about this. However, I remain unconvinced that average people, when faced with the inability to immigrate, or when seeking asylum, or when facing the loss of residence will actually turn to an AI, rather than an experienced immigration practitioner. There are many parts of the “practice” of immigration law that can and should be automated. But the actual “lawyering,” the art of applying facts to law and turning that into a successful argument, will be virtually impossible for an AI to duplicate.

What is the best piece of advice you have ever received?

This advice from my Dad, which he inscribed on the back of a wooden plaque of Lady Justice, which hangs in my office, “Keep these scales balanced. Always play it straight. Help some of the little people get right.” I try my best to live up to that each day.