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Immigration
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Schumer Scolds McConnell For Judge-Shopping Policy Rebuff
Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes."
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March 19, 2024
Fishery Says DOL Stonewalling Discovery In H-2A Probe
The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.
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March 19, 2024
GEO Fights Wash. Bid For State Inspectors' Entry Into ICE Jail
GEO Group is pushing back against Washington state's request for a preliminary injunction forcing the private prison operator to let inspectors into a Tacoma-area immigrant detention facility, saying the suit is likely to flop, especially given a federal judge's recent decision to partially suspend the state law regulators have relied upon to get inside.
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March 19, 2024
Texas' Border Buoy Argument 'Flummoxes' Austin Judge
A Texas federal judge said Tuesday that he "can't imagine" Congress would agree with the state's position that a federal statute governing navigable waters doesn't authorize actions against Texas over its anti-migrant barrier, and suggested the case is likely headed for the U.S. Supreme Court.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Migrant Arrest Law On Hold Again Pending 5th Circ. Hearing
Texas' Senate Bill 4 authorizing immigrant deportations by state and local law enforcement is on ice again — just hours after the U.S. Supreme Court let it take effect, only to be followed by the Fifth Circuit restoring a hold on the law and scheduling a hearing for Wednesday morning.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 19, 2024
High Court Won't Moot Suit Over Rescinded No-Fly Listing
The U.S. Supreme Court ruled Tuesday that the federal government cannot moot a challenge to an individual's placement on the federal no-fly list by removing the person from the list, in the absence of a definite declaration that the government will not return them to the list in the future.
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March 18, 2024
Attys Says Haitians Must Be Protected From Deportation
The White House must extend temporary protected status for Haitians currently living in the United States well before that protection expires in August due to spiraling violence in the Caribbean country, the American Immigration Lawyers Association has told the Biden administration.
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March 18, 2024
DHS To Test AI For Immigration Officer Training, Investigations
The U.S. Department of Homeland Security on Monday rolled out pilot projects to test the use of artificial intelligence this year, including one to train immigration officers, which the agency said could support more accurate immigration outcomes.
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March 18, 2024
Ex-Immigration Judges Say Mistake Warrants Asylum Redo
Dozens of former immigration judges pressed the First Circuit to grant a second shot at asylum for a Salvadoran woman fearing gang violence, saying an immigration judge had erred by not asking her if she belonged to an asylum-eligible community.
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March 18, 2024
Feds Say CBP Isn't Responsible For Kids At Outdoor Border Sites
The Biden administration says a California federal court can't hear claims that U.S. Customs and Border Protection is violating a 1997 settlement mandating safety standards for minors in immigration detention, saying children staying in alleged open-air detention sites aren't in CBP's custody.
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March 18, 2024
Justice Alito Blocks Texas' Migrant Arrest Law Indefinitely
U.S. Supreme Court Justice Samuel Alito on Monday once again prevented Texas from implementing a new law allowing state officials to arrest and deport migrants, issuing an order that will keep the law on ice until the court rules further.
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March 18, 2024
Lack Of Permanent Workers Dooms Bid For H-2B Kitchen Staff
A staffing firm's admission that it doesn't have employees in North Carolina undermined its request to temporarily hire 75 foreign workers to staff a North Carolina restaurant, according to a recent decision from a U.S. Department of Labor administrative law judge.
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March 18, 2024
Farmers Seek Quick Win In H-2A Suit Against DOL
Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.
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March 15, 2024
Judiciary Clarifies Judge Shopping Policy After Senator Letter
The Judicial Conference of the United States said Friday that its updated policy aimed at preventing litigants from shopping for the judge of their choice is not intended to overstep judges' authority or discretion under the law, issuing guidance one day after Republican senators pushed back against the policy.
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March 15, 2024
NYC Settles Its Challenge Of 'Right-To-Shelter' Mandate
New York City and the Legal Aid Society have settled the city's legal challenge of the "right-to-shelter" mandate that requires shelter to be provided to any homeless person in the city, according to a stipulation filed Friday in New York state court.
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March 15, 2024
Foreign Investors Say New Ruling Supports EB-5 Visa Bid
A group of foreign investors seeking EB-5 visas told the D.C. Circuit on Friday that a recent district court decision opens the door for the appeals court to review a policy they contend wrongly prevented them from obtaining visas immediately.
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March 15, 2024
DOL Fights Fishery's Bid To Unveil Migrant Worker Identities
The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.
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March 15, 2024
CBP Sued For Info On Alleged Outdoor Border Detention Sites
Two organizations that support asylum-seekers and other migrants have sued U.S. Customs and Border Patrol in California federal court, seeking information about what they say are squalid CBP-controlled open-air migrant detention sites along California's southern desert border.
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March 14, 2024
Russian's Asylum Delay Suit Survives Dismissal Effort In Fla.
A Russian national's legal efforts to speed up his 4-year-old asylum application survived a dismissal bid from the Biden administration, after a Florida federal court found the asylum-seeker had plausibly alleged his application had been unreasonably delayed.
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March 14, 2024
Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season
An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.
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March 14, 2024
Judge OKs Exclusion Of Late Evidence In Deportation Fight
An appellate immigration judge on Thursday ruled that evidence an El Salvador man fighting deportation submitted after a filing deadline was correctly excluded, saying a statute that would've allowed the late evidence only applied to individuals in expedited removal proceedings.
Expert Analysis
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.
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Proposed Immigration Fee Increases May Have A Silver Lining
The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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Immigration Considerations For Employers Planning Layoffs
Employers facing layoffs or wage reductions should take specific steps to identify immigration-related compliance obligations, reduce the impact on foreign national employees' status and protect the company's immigration and mobility program overall, say attorneys at Quarles & Brady.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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Wage Transparency Laws Create Labor Cert. Hurdles
A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.