Immigration

  • August 26, 2024

    Citizenship Error Can't Bar Labor Certification, Board Says

    A marketing software company that misidentified a prospective Turkish employee as American on its labor certification application can refile the request, after a U.S. Department of Labor appeals panel found that DOL applications cannot be denied based on immigration status.

  • August 26, 2024

    DOL Board OKs Firm's Bid To Hire Permanent Foreign Atty

    The Board of Alien Labor Certification Appeals has vacated a decision that rejected a law firm's request for permanent labor certification of a foreign attorney, finding it wrongly concluded the firm had not reasonably provided all relevant material on alternative U.S.-based applicants.

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

  • August 23, 2024

    Afghan Supporters Say US Arbitrarily Delayed Parole Requests

    The U.S. government has been arbitrarily delaying action on requests of Afghans seeking humanitarian parole while expeditiously processing parole applications of those living in Ukraine, Cuba and Haiti for free and approving their travel authorizations, according to plaintiffs seeking to file an amended proposed class action in Massachusetts federal court.

  • August 23, 2024

    Calif. Judge Says Spousal Visa Delay Could Be Unreasonable

    A California federal judge is allowing a suit to move forward against U.S. State Department officials, including Secretary of State Antony Blinken, accusing the agency of slow-walking visa petitions for Pakistani spouses of U.S. citizens, saying the delay might be unreasonable.

  • August 23, 2024

    Transport Co.'s Union Pushback Flouted Law, Judge Says

    A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.

  • August 23, 2024

    Texas Sues To Halt Green Cards For Mixed-Status Families

    Texas sued the Biden administration Friday seeking to block a new program for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country, saying it exceeds the administration's parole authority.

  • August 23, 2024

    DHS Urges Justices To Bar Review Of Revoked Visa Petitions

    The U.S. Department of Homeland Security has urged the U.S. Supreme Court to find that an immigration law bars federal courts from reviewing revoked visa petitions, saying lawmakers had reduced the possibility of duplicative legal proceedings by preventing judicial review.

  • August 23, 2024

    Border Agent Charged With Making Migrants Expose Breasts

    An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.

  • August 22, 2024

    3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid

    The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.

  • August 22, 2024

    Justices Allow Part Of Ariz. Voter Law To Take Effect

    The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.

  • August 22, 2024

    Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas

    A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.

  • August 22, 2024

    2nd Circ. Says Feds Can't Forcibly Drug Man Facing Removal

    The Second Circuit ruled Thursday that the Bureau of Prisons can't yet forcibly administer antipsychotic medication to render a Sierra Leone native competent to stand trial on charges of assaulting officers at a prison where he was being detained pending deportation.

  • August 22, 2024

    Fla. Immigration Attorney Also Disbarred In NY

    A Miami immigration attorney who was disbarred in Florida earlier this year received another blow Thursday when the New York Supreme Court decided that he could no longer practice in its state either.

  • August 22, 2024

    Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team

    Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.

  • August 22, 2024

    Feds Accuse NYC Man Of Acting As Chinese Agent

    Manhattan federal prosecutors have accused a naturalized U.S. citizen of acting as an agent of the People's Republic of China and relaying intelligence to the Chinese government.

  • August 22, 2024

    Au Pair Co. Tells 1st Circ. Arbitration Bid Came In Time

    An au pair company told the First Circuit that forcing it to advance arbitration efforts before filing a response in a wage suit would conflict with a U.S. Supreme Court's ruling tackling the timing of arbitration requests.

  • August 21, 2024

    Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid

    A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.

  • August 21, 2024

    Feds Chide Iowa's 'Implausible' Immigration Law Defense

    The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.

  • August 21, 2024

    Cleaning Co., H-2B Workers Seek Final OK For Wage Deal

    A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.

  • August 21, 2024

    Health Co. Investors Fight To Keep Suit Over Migrant Deal

    Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.

  • August 21, 2024

    Asylum Limits Litigation Remains In Settlement Talks

    A pair of cases in the Ninth Circuit and D.C. federal court in which asylum-seekers are challenging a Biden administration rule limiting asylum at the southern border are still in the settlement-discussion stage. 

  • August 20, 2024

    DHS Watchdog Says ICE Needs To Better Monitor Migrant Kids

    The inspector general for the U.S. Department of Homeland Security has said the agency needs to better monitor the status and location of unaccompanied migrant children after their release from federal custody to better protect them.

  • August 20, 2024

    Credit Union, 'Dreamers' Get Final OK To Settle Loan Bias Suit

    A California federal judge gave the final stamp of approval to a class settlement offering cash to Deferred Action for Childhood Arrivals recipients and other immigrants who alleged a Chicago-based credit union denied them loans due to their immigration status.

  • August 20, 2024

    DOD Tells DC Circ. It Can Set Criteria For Soldier Citizenship

    The U.S. Department of Defense is urging the D.C. Circuit to reverse a district court injunction permanently blocking the agency from setting service duration requirements for noncitizen soldiers to become citizens, saying Congress authorized it to do so.

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Expert Analysis

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Perspectives

    Immigration Detention Should Offer Universal Legal Counsel

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    Given the large backlog of immigration court cases and the more than 70% of people in immigration detention without counsel in 2023, the system should establish a universal right to federally funded representation for anyone facing deportation, similar to the public defender model, say Laura Lunn and Shaleen Morales at the Rocky Mountain Immigrant Advocacy Network.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

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