Immigration

  • August 13, 2024

    DHS To Expedite Asylum Processing At Canadian Border

    The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.

  • August 13, 2024

    Honduran Woman's Rape Case Against ICE Dismissed Again

    A Honduran immigrant waited too long to sue over claims that a U.S. Immigration and Customs Enforcement agent raped her repeatedly for seven years, a Connecticut federal court ruled for the second time, once again finding in favor of the defendants after the Second Circuit revived the case in 2023.

  • August 13, 2024

    CBP Strikes $45M Deal To End Pregnancy Bias Suit

    U.S. Customs and Border Protection will pay $45 million to wrap up a class action brought on behalf of 1,000 workers who said the agency forced them onto light duty because they became pregnant, the workers' attorneys said Tuesday.

  • August 13, 2024

    DOJ Says Law Bars All River Structures In Texas Buoy Row

    The Biden administration criticized Texas' "cribbed reading" of the Rivers and Harbors Act in its suit to make Texas remove a border barrier in the Rio Grande, saying the law bars all unauthorized structures in the river — even those that haven't been built yet.

  • August 13, 2024

    The Top Immigration Cases Of 2024 So Far

    The U.S. Supreme Court handed down 2024’s biggest immigration rulings so far, including greenlighting a two-step removal notice scheme, barring U.S. citizens from challenging spousal visa denials and opening up hardship determinations to judicial review. Here, Law360 looks back at the year's four most consequential court decisions for immigration.

  • August 12, 2024

    Split 9th Circ. Says Mexican Man Deprived Of Right To Atty

    A split Ninth Circuit panel affirmed a district court's dismissal of an indictment against a Mexican national for illegal reentry after being previously deported, finding that he did not knowingly and voluntarily waive his right to an attorney.

  • August 12, 2024

    Tesla Subcontractors Didn't Violate FCA, 9th Circ. Rules

    The Ninth Circuit on Monday refused to revive two foreign workers' whistleblower suit against companies tapped to provide a Tesla construction project with laborers, ruling in a published opinion that the companies didn't defraud the government by seeking cheaper work visas.

  • August 12, 2024

    Visa Lottery Winners Ask Full DC Circ. To Allow Processing

    Attorneys for 2020 and 2021 diversity visa lottery winners asked the full D.C. Circuit to undo a panel decision barring the U.S. Department of State from processing their expired visa applications, saying the decision flouts precedent.

  • August 12, 2024

    SEC Accuses Crypto Co., Execs, Promoters Of $650M Fraud

    The U.S. Securities and Exchange Commission on Monday sued crypto trading firm Nova Tech Ltd., its founders and promoters in Florida federal court for their roles in an alleged $650 million fraud and pyramid scheme that targeted many in the Haitian American community.

  • August 12, 2024

    Top Immigration Policies To Watch In The 2nd Half Of 2024

    The final months of the Biden administration could bring last-minute policymaking to address worker shortages, while new asylum restrictions could be solidified along with a program to offer protections and work permits to unauthorized spouses of U.S. citizens.

  • August 09, 2024

    Migrant Detentions In Texas Too Long, DHS Watchdog Says

    U.S. Immigration and Customs Enforcement's struggles with holding detainees at its long-term detention facilities have caused prolonged detentions at three U.S. Border Patrol facilities near the Texas-Mexico border, the U.S. Department of Homeland Security's internal watchdog revealed on Thursday.

  • August 09, 2024

    Visa Rule Change Forcing Priests Out Of US, Suit Claims

    A U.S. Department of State regulation unlawfully deprioritized visa availability for foreign religious workers, who as a result are being forced to leave the U.S. and abandon their congregations or overstay their visas, a new federal lawsuit claims.

  • August 09, 2024

    5 Immigration Policy Developments Of 2024: A Midyear Report

    President Joe Biden addressed competing election year priorities by curbing asylum and boosting protections for foreign spouses of U.S. citizens, while his administration implemented higher immigration fees and overhauled the H-1B lottery process. Here, Law360 takes a look at five of the most significant immigration policy developments of 2024 so far.

  • August 09, 2024

    Colony Ridge Mortgage Co. Says It Was 'Office Geek' For Site

    A Texas mortgage company pushed Friday to be released from a lawsuit accusing a Houston-area real estate developer and lender of predatory lending practices, telling a federal judge that it never met with the Hispanic consumers allegedly preyed on through the scheme and that the company was "just doing paperwork."

  • August 09, 2024

    Fishery Says DOL's Refusal To Testify Should End Wage Suit

    A Mississippi fishery is urging a federal judge to dismiss the U.S. Department of Labor's suit alleging the company interfered in the agency's wage investigation, saying the acting labor secretary's refusal to testify warrants ending the case.

  • August 09, 2024

    Immigrants In Ind. Jail Resist ICE Bid To Dodge Detention Suit

    Immigrant detainees challenging conditions at an Indiana county jail resisted U.S. Immigration and Customs Enforcement's attempt to duck claims that it kept paying the county to detain immigrants, even though the prison's sanitation and medical services fell short of federal standards.

  • August 09, 2024

    Former Syrian Prison Chief Accused Of US Immigration Fraud

    Federal grand jurors in California have charged a former Syrian official with covering up his time running a Syrian prison where political dissidents were physically abused on U.S. immigration applications.

  • August 09, 2024

    Fisher Phillips Adds Tharpe & Howell Litigator In Calif.

    Labor and employment firm Fisher Phillips added a new partner from Tharpe & Howell LLP in California to bolster its bench of attorneys handling high-stakes class action matters and Private Attorneys General Act claims.

  • August 08, 2024

    15 Red-State AGs Sue To Block ACA Coverage For Dreamers

    Fifteen states led by Kansas Attorney General Kris Kobach sued the Biden administration Thursday over a new regulation that is expected to allow about 100,000 immigrants brought to the U.S. as children without authorization to enroll in federal health insurance programs through Affordable Care Act exchanges.

  • August 08, 2024

    4th Circ. Upholds Asylum Denial Over Forced Hospitalizations

    The Fourth Circuit on Thursday refused to revive an Indian foreign exchange student's bid for asylum, saying in a published opinion that his multiple involuntary hospitalizations in India and the administration of electroshock therapy to treat diagnosed mental illnesses did not amount to persecution.

  • August 08, 2024

    Migrant Can't Show 1st Circ. That Attacks Weren't Personal

    A man who left his native Guatemala after a 2010 car explosion and wedding attack couldn't convince the First Circuit to revive his asylum application, unable to show that the perpetrators of the attack had targeted him due to his family.

  • August 08, 2024

    Texas Acts Like It Has 5th Circ. In 'Back Pocket,' Judge Says

    U.S. District Judge David Ezra accused a Texas state attorney of misleading the Fifth Circuit by hinting that he may ignore the appellate court's decision to overrule his order for the state to move a barrier deterring migrants from crossing the Rio Grande.

  • August 08, 2024

    11th Circ. Vacates Man's Denaturalization Over Drug Offense

    An Eleventh Circuit panel unanimously threw out a district court ruling denaturalizing a man who became a U.S. citizen over his participation in a drug conspiracy, finding he should not be precluded from litigating the issue and arguing that his participation began after he became a citizen.

  • August 07, 2024

    Biden Trampled Free Speech With Israeli Sanctions, Suit Says

    A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.

  • August 07, 2024

    9th Circ. Says Age-Out Suit Not Permissible Before Removal

    Indian families waiting for green cards have lost their challenge to a policy that puts their children at risk of aging out of permanent residency, with the Ninth Circuit ruling they can only bring their case after obtaining a deportation order.

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Expert Analysis

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Employer Considerations For New I-9 Virtual Verification

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    A recently implemented Form I-9 option modernizes the process of employment eligibility verification by making pandemic-era virtual verification permanent, though employers will need to understand the option’s procedures and requirements to ensure compliance with all immigration laws, say attorneys at Littler.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Canada's H-1B Policy Leverages U.S. Green Card Backlog

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    Canada’s new policy allowing U.S. H-1B visa holders and their families to relocate and seek work in Canada takes advantage of the backlog in U.S. green card processing, and other countries seeking highly skilled workers trained in the U.S. are likely to follow suit, says Sarah Hawk at Barnes & Thornburg.

  • Ch. 11 Ruling Sets New Standard For Using Reinstatement

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    A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Trends Emerge In High Court's Criminal Law Decisions

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    In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Potential Outcomes After E Visa Processing Update

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    A recent update to the Foreign Affairs Manual’s E visa provisions may help ease consular backlogs, but a policy change that will require some applicants and their family members to process renewals overseas at different times creates new administrative burdens for practitioners, say Anna Morzy and Elizabeth Przybysz at Greenberg Traurig.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

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